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9-2-9
Section 9-2-9 Commissioner of Conservation and Natural Resources - Powers and duties as to
state parks, etc., generally. The Commissioner of Conservation and Natural Resources, acting
through the Division of Parks, shall have the following powers and authorities: (1) To acquire
in the name of the State of Alabama by purchase, lease, agreement, license, condemnation or
otherwise land deemed necessary or desirable to be preserved, improved, protected and maintained
as a part of the state park system and to accept in his discretion, in fee or otherwise, land
donated, entrusted, conveyed or devised to the state for like purposes and with like discretion
to accept gifts, contributions or bequests of money or other personal property of value to
be used or expended for the benefit of the state park system; (2) To contract and make cooperative
agreements with the federal government and with states, counties, municipalities, corporations,
associations or individuals for the purpose of...
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37-2-1
Section 37-2-1 "Transportation company" defined. The term "transportation company"
shall mean and include every person not engaged solely in interstate commerce or business
that now or may hereafter own, operate, lease, manage or control, as common carriers or for
hire: Any railroad or part of a railroad in this state or any cars or other equipment used
thereon, or bridges, terminals or sidetracks used in connection therewith, whether owned by
such railroad or otherwise; any express companies; any car companies; any sleeping car companies;
any steamboat or steam packet company or common carrier for hire by water regardless of the
propelling power used; any railroad depot or terminal station; any telegraph line; any telephone
line; any pipeline for the transportation of oil or other commodity, whether the transportation
is by pipeline or partly by pipeline and partly by rail, truck or water. This term shall also
mean and include two or more transportation companies rendering joint...
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33-8-1
Section 33-8-1 Authorization; provisions generally; legislative approval and ratification.
The Governor on behalf of this state is hereby authorized to execute a compact, in substantially
the following form, with the State of Mississippi; and the Legislature hereby signifies in
advance its approval and ratification of such compact, which compact is as follows: TOMBIGBEE-TENNESSEE
WATERWAY DEVELOPMENT COMPACT Article I. The purpose of this compact is to promote the development
of a navigable waterway connecting the Tennessee and Tombigbee Rivers by way of the east fork
of the Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine-foot navigable
channel from the junction of the Tombigbee and Warrior rivers at Demopolis in the State of
Alabama to the junction of Yellow Creek with the Tennessee River at Pickwick Pool in the State
of Mississippi, and to establish a joint interstate authority to assist in these efforts.
Article II. This compact shall become effective...
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18-2-1
Section 18-2-1 Right of property owner to erect dam. A dam for any gristmill, sawmill, gin,
factory or plant to generate electricity by water power to be operated for the public may
be erected across any watercourse, not a navigable stream, by the owner in fee of the land
on both sides of the stream, or on one side at the place where the dam is proposed to be erected,
by proceeding as provided in this chapter. (Code 1852, §2089; Code 1867, §2481; Code 1876,
§3555; Code 1886, §3184; Code 1896, §1727; Code 1907, §3888; Code 1923, §7507; Code 1940,
T. 19, §34.)...
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9-11-80
Section 9-11-80 Public and private waters defined. (a) All waters of this state are hereby
declared to be public waters if such waters are natural bodies of water such as rivers, creeks,
brooks, lakes, bayous, bays, channels, canals or lagoons or are dug, dredged or blasted canals
and if these waters traverse, bound, flow upon or through or touch lands title to which is
held by more than one person, firm or corporation. Any water impounded by the construction
of any lock or dam or other impounding device placed across the channel of a navigable stream
is declared a public water. All waters caused to be impounded or owned or leased by any municipality,
county or other governmental unit are also declared to be public waters; likewise, all impoundments
owned or operated by public utilities when such impoundments touch or bound lands title to
which is held by more than one person, firm or corporation are declared to be public waters;
provided, that before any person may go or be upon the...
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33-2-3
Section 33-2-3 Acquisition, construction, maintenance, operation, etc., of facilities; plans
and survey; limitation upon right of eminent domain. Through the Alabama State Docks Department,
the state, in engaging in the works of internal improvements authorized by this article, shall
have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip,
control and operate along navigable rivers, streams or waterways and at river ports or landings
along navigable rivers, streams or waterways now or hereafter existing within the state, wharves,
piers, docks, quays, grain elevators, cotton compresses, warehouses, improvements and water
and rail terminals and such structures and facilities as may be needful for convenient use
of the same, in aid of commerce and use of navigable waterways of the state, to the fullest
extent practical and as the State Docks Department shall deem desirable or proper. This authority
shall include dredging of approaches to any facilities...
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10A-21-2.04
Section 10A-21-2.04 Condemnation for rights-of-way or easements by mining, manufacturing, industrial,
power, and quarrying companies. (a) Every mining, manufacturing, industrial, power, and quarrying
corporation or company may acquire by condemnation rights-of-way or easements over or across
the lands or easements of others for ways and rights-of-way on or under which it may erect
or construct and operate railways, tramways, pipelines, transmission lines, cables, ways,
roads, and underground passages not exceeding 100 feet in width for the purpose of connecting
any part of its lands, works, plants, mines, lines, or system with any other part thereof,
with any public road, railroad, navigable water, with the mines, lands, works, plants, lines,
or system of any other such company, corporation, or owner or with any shipping, storage,
delivery, receiving, or distributing point and for the purpose of transporting or transmitting
any materials, equipment, or products used by or mined,...
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33-17-2
Section 33-17-2 Legislative intent; construction of chapter. The Legislature hereby makes the
findings of facts and declaration of intent hereinafter set forth in this section. The construction
of a navigable waterway between Demopolis, Alabama and the Tennessee River, utilizing the
channel of the Tombigbee River, would provide a new transportation route of great importance
and would stimulate the development of commerce, agriculture and industry in many sections
of the state. Local flooding along the tributary streams of the Tombigbee River occurs frequently
in the growing and harvesting season and causes considerable damage to agriculture in the
affected sections of the state. Improvements in the channels of the tributary streams will
eliminate much of the damage caused by flooding and will also permit improved farming practices
and better land use. It is the intention of the Legislature by the passage of this chapter
to implement the provisions of Amendment No. 270 of the...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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33-1-29
Section 33-1-29 Revocation or suspension of upland owners' licenses. Any license granted by
the State of Alabama, either expressly or by implication, permitting the upland owner to occupy
any part of the space between the channel of the Mobile River or the low water mark of the
Mobile Bay and the high water mark, may be revoked by order of the director whenever said
port authority shall determine to make use of such property for the purpose contemplated by
this chapter, or may be suspended by order pending an investigation and decision as to whether
or not such use shall be made; provided, however, that whenever such property has been or
shall have been already improved by the upland owner, his license to maintain such improvements
and to exercise such control thereover as may have been conferred upon him by a license from
the state shall not be revoked or suspended otherwise than in the exercise of the right of
eminent domain by condemnation proceedings as long as such owner shall...
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