Code of Alabama

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35-2-54
Section 35-2-54 Vacation of streets or alleys by abutting landowners. Any street or alley shown
by any map, plat, or survey, whether such map or plat is executed and recorded as provided
by law or not, may be vacated, in whole or in part, by the owner or owners of the lands abutting
the street or alley (or that portion of the street or alley desired to be vacated), or their
executors, administrators, or guardian, joining in a written instrument declaring the same
to be vacated, such written instrument to be executed, acknowledged, and recorded in like
manner as conveyances of land, which declaration being duly recorded shall operate to destroy
the force and effect of the dedication by the map, plat, or survey and to divest all public
rights, including any rights which may have been acquired by prescription, in that part of
the street or alley so vacated. If any such street or alley is within the limits of any municipality,
the assent of the mayor and aldermen or other governing body of...
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35-2-60
Section 35-2-60 Vacation and annulment of map or plat, etc., by circuit court - Recordation
of judgment. If the final judgment or order of the court provides that any map, plat, survey,
road, street, or alley shall be vacated or annulled in whole or in part, the petition or complaint,
together with the final order or judgment of the court, shall be recorded in the office or
offices in which the map, plat, or survey showing such roads, streets, or alleys are recorded,
and the order or judgment of the court shall not be final until such petition, complaint,
order, or judgment is so recorded. (Code 1923, §10367; Code 1940, T. 56, §23.)...
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35-8A-209
Section 35-8A-209 Plats and plans. (a) A clear and legible plat of the condominium property
and plans, if required under subsection (d), shall be recorded in the office of the judge
of probate in every county in which any portion of the condominium is located and shall contain
a certification that the plat and plans, if any contain all information required by this section.
If the plat contains all of the information described in subsections (b), (c), (d), and (g),
plans are not required. The recorded plan and plans are part of the declaration. (b) Each
plat must show: (1) The name of the condominium and a survey of the real property included
in the condominium; (2) The location and dimensions of all existing improvements located on
the condominium property; (3) The location and dimensions of any real estate subject to development
rights reserved over any part of the condominium property, labeled to identify the rights
applicable to each identified portion, but the plat need not...
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23-4-2
Section 23-4-2 Procedure. (a) Whenever the governing body of a municipality or county proposes
to vacate a public street, alley, or highway, or portion thereof, the governing body shall
schedule a public hearing prior to taking final action and shall publish notice of the proposed
hearing on the vacation in a newspaper of general circulation in the portion of the county
where the street, alley, or highway lies once a week for four consecutive weeks in the county
prior to deciding the issue at a regularly scheduled meeting of the governing body. A copy
of the notice shall be posted on a bulletin board at the county courthouse and shall also
be served by U.S. mail at least 30 days prior to the scheduled meeting on any abutting owner
and on any entity known to have facilities or equipment such as utility lines, both aerial
or buried, within the public right-of-way of the street, alley, or highway to be vacated.
The notice shall describe the street, alley, highway, or portion thereof...
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35-2-53
Section 35-2-53 Vacation of plat or map by owner of lands. Any plat or map, whether or not
executed and recorded as provided in this article, may be vacated by the owner, his executor,
administrator, or guardian of the lands at any time before the sale of any lot therein by
a written instrument declaring the same to be vacated, executed, acknowledged, and recorded
in like manner as conveyances of land which declaration, being duly recorded, shall operate
to destroy the force and effect of the recording of the plat or map so vacated and to divest
all public rights in the streets, alleys, and public grounds and all dedications laid out
or described in such plat or map. When lots have been sold, the plat or map may be vacated,
in the manner herein provided by all the owners of lots in such plat or map joining in the
execution of such writing. (Code 1896, §3902; Code 1907, §6031; Code 1923, §10360; Code
1940, T. 56, §16.)...
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35-2-56
Section 35-2-56 Mutilated, lost, or mislaid maps or plats. Where land has been divided into
lots, and the map or plat thereof mutilated, lost, or mislaid, and a part or all of the lots
indicated therein have been sold, the owner thereof may cause a new survey to be made and
a plat or map to be made therefrom, or reproduce the one mutilated, lost, or mislaid, from
a survey already made, which new plat or map, if certified, acknowledged and recorded as required
by law, shall have the same effect in all respects as a plat or map recorded under Section
35-2-50 and may be vacated in the same manner and under the same conditions as plats or maps
may be vacated. (Code 1896, §3904; Code 1907, §6033; Code 1923, §10363; Code 1940, T. 56,
§19.)...
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35-2-58
Section 35-2-58 Vacation and annulment of map or plat, etc., by circuit court - Jurisdiction;
parties. The circuit courts of this state shall have jurisdiction and power to vacate and
annul any map, plat, or survey of lands, or any streets, alleys, avenues, or roads, whether
designated by any such maps, plats, or surveys or not, upon the filing of a civil action by
any person or persons owning any of the lots, parcels, or tracts of land abutting such roads,
streets, or alleys sought to be vacated or annulled. Unless the owners of all the lots or
parcels of land so abutting upon the roads, streets, or alleys sought to be vacated join as
plaintiffs, the owners and claimants of such other lots or parcels of land abutting upon the
roads, streets, or alleys sought to be vacated shall be made parties defendant; and the municipality,
town, or city, if the land is located within any municipality, town, or city, shall also be
made a party defendant; and, if not located in such municipality,...
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35-20-2
Section 35-20-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ASSOCIATION. A homeowners' association. (2) BOARD OF DIRECTORS.
The group of persons vested with the management of the association irrespective of the name
by which the group is designated. (3) COMMON AREA. Property within a development which is
owned, leased, or required by the declaration to be maintained or operated by a homeowners'
association for the use of its members and designated as common area in the declaration or
on a recorded subdivision map or plat. (4) DECLARANT. The person or entity who submits property
to a declaration. (5) DECLARATION. Any instrument, however denominated, including any amendment,
modification, restatement, or supplement, recorded in the office of the judge of probate in
the county in which the development or any part thereof is located which satisfies the following:
a. Imposes on the association maintenance or operational...
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11-47-252
Section 11-47-252 Requirements for construction of beach project. A coastal municipality may
not begin construction of a beach project until each of the following requirements have been
satisfied: (1) The governing body of the coastal municipality, after a public hearing held
on not less than 30 days' public notice, has identified the following by adoption of a survey,
map, metes and bounds description, or plane coordinate references. a. The location of the
mean high tide line for the area in which the beach project is proposed to be located. b.
The location of the limits of the landward and seaward extensions of the proposed beach project
relative to both the mean high tide line and the construction control line, if any, then established
under the regulations of the Alabama Department of Environmental Management, the ordinances
of the coastal municipality, or both. (2) The Commissioner of the Department of Conservation
and Natural Resources, acting through the Lands Division of the...
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11-49-6
Section 11-49-6 Vacation of right-of-way fee. Prior to the exercise of the power of a municipality
incorporated in this state to vacate the public right-of-way for a road, street, alley, or
other dedicated public way, open or unopen, as a condition of exercise of such power to vacate,
the governing body may require abutting landowners who will directly benefit from such vacation
to pay to such municipality a vacation of right-of-way fee equal to the fair market value
of the land which will be added to the holdings of such abutting landowners. Such fair market
value shall be determined by the governing body of the municipality after a public hearing,
notice of which shall be published in a daily newspaper of general circulation at least five
days prior thereto and mailed to such address or addresses as may be set forth in the application
by abutting owners for the vacation of right-of-way unless a waiver of such notice to abutting
landowners is filed by such abutting landowners with the...
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