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35-6A-2
Section 35-6A-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ASCENDANT. An individual who precedes another individual in lineage,
in the direct line of ascent from the other individual. (2) COLLATERAL. An individual who
could inherit from, or whose estate could descend to, the related individual under the law
of intestate succession of Alabama but who is not the other individual's ascendant or descendant.
(3) DESCENDANT. An individual who follows another individual in lineage, in the direct line
of descent from the other individual. (4) DETERMINATION OF VALUE. A court order determining
the fair market value of heirs property under Section 35-6A-6 or Section 35-6A-10 or adopting
the valuation of the property agreed to by all cotenants. (5) HEIRS PROPERTY. Real property
held in tenancy in common which satisfies all of the following requirements as of the filing
of a partition action: (A) There is no agreement in a record...
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35-6A-9
Section 35-6A-9 Partition in kind - Factors. (a) In determining under subsection (a) of Section
35-6A-8 whether partition in kind would result in great prejudice to the cotenants, the court
shall consider all of the following: (1) Whether the heirs property practicably can be divided
among the cotenants. (2) Whether partition in kind would apportion the property in such a
way that the aggregate fair market value of the parcels resulting from the division would
be materially less than the value of the property if it were sold as a whole, taking into
account the condition under which a court-ordered sale likely would occur. (3) Evidence of
the collective duration of ownership or possession of the property by a cotenant and one or
more predecessors in title or predecessors in possession to the cotenant who are or were relatives
of the cotenant or each other. (4) A cotenant's sentimental attachment to the property, including
any attachment arising because the property has ancestral or...
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35-6A-6
Section 35-6A-6 Determination of value of property; appraisal; notice and hearing. (a) Except
as otherwise provided in subsection (b) and subsection (c), if the court determines that the
property that is the subject of a partition action is heirs property, the court shall determine
the fair market value of the property by ordering an appraisal pursuant to subsection (d).
(b) If all cotenants have agreed to the value of the property or to another method of valuation,
the court shall adopt that value or the value produced by the agreed method of valuation.
(c) If the court determines that the evidentiary value of an appraisal is outweighed by the
cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market
value of the property and send notice to the parties of the value. (d) If the court orders
an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this
state to determine the fair market value of the property assuming...
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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama hereby
agrees to the following interstate compact known as the Interstate Insurance Product Regulation
Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of joint and
cooperative action among the compacting states: 1. To promote and protect the interest of
consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
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34-11-1
Section 34-11-1 Definitions. For the purposes of this chapter, the following words and phrases
shall have the respective meanings ascribed by this section: (1) BOARD. The State Board of
Licensure for Professional Engineers and Land Surveyors, provided for by Section 34-11-30.
(2) DESIGN COORDINATION. The review and coordination of technical submissions prepared by
persons other than the principal engineer, including, as appropriate and without limitations,
consulting engineers, architects, landscape architects, land surveyors, and other professionals
working under the direction of the engineer. (3) DISCIPLINARY ACTION. Any final written decision,
order, consent agreement, public reprimand, or other formal action taken against an individual
or firm by the board based upon a violation of this chapter or a board rule. (4) ENGINEER
INTERN. An individual who has been certified as an engineer intern by the board. (5) ENGINEER
or PROFESSIONAL ENGINEER. An individual who, by reason of his or...
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8-19A-3
Section 8-19A-3 Definitions. As used in this chapter and Chapter 19C, the following terms shall
have the following meanings unless the context clearly indicates otherwise: (1) CALLER IDENTIFICATION
SERVICE. A type of telephone service which permits telephone subscribers to see the telephone
number of incoming telephone calls. (2) COMMERCIAL TELEPHONE SELLER. Any person who engages
in commercial telephone solicitation on his or her own behalf or through salespersons, except
that a commercial telephone seller does not include any of the persons or entities exempted
from this chapter by Section 8-19A-4. A commercial telephone seller does not include a salesperson
as defined in subdivision (15). A commercial telephone seller includes, but is not limited
to, owners, operators, officers, directors, partners, or other individuals engaged in the
management activities of a business entity pursuant to this chapter. (3) COMMERCIAL TELEPHONE
SOLICITATION. a. An unsolicited telephone call to a...
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16-1-18.1
Section 16-1-18.1 Accumulation of sick leave. (a) Definitions. When used in this section, the
following terms shall have the following meanings, respectively: (1) EMPLOYEE. Any person
employed full time as provided by law by those employers enumerated in this section; and adult
bus drivers. (2) EMPLOYER. All public city and county boards of education; the Board of Trustees
of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Department District
Board in its capacity as the Board of Education for the Youth Services Department District;
the Board of Directors of the Alabama School of Fine Arts; the Board of Trustees of the Alabama
High School of Mathematics and Science; for purposes of subsection (c) only, the Alabama State
Senate, the Lieutenant Governor, the Office of the Senate President Pro Tempore, the Speaker
of the House of Representatives, the Alabama House of Representatives, the Legislative Reference
Service; any organization participating in the Teachers'...
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35-6A-3
Section 35-6A-3 Application and construction of chapter. (a) This chapter applies to partition
actions filed on or after January 1, 2015. (b) In an action to partition real property under
Chapter 6 of this title, the court shall determine whether the property is heirs property.
If the court determines that the property is heirs property, the property shall be partitioned
under this chapter unless all of the cotenants otherwise agree in a record. (c) This chapter
supplements Chapter 6 of this title, and, if an action is governed by this chapter, replaces
those provisions of Chapter 6, that are inconsistent with this chapter. (d) This chapter does
not supplant or otherwise change the provisions for fees as a part of the cost under Section
34-3-60. (Act 2014-299, p. 1080, ยง3.)...
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35-6A-8
Section 35-6A-8 Partition in kind - Circumstances. (a) If all the interests of all cotenants
that requested partition by sale are not purchased by other cotenants pursuant to Section
35-6A-7, or, if after conclusion of the buyout under Section 35-6A-7, a cotenant remains that
has requested partition in kind, the court shall order partition in kind unless the court,
after consideration of the factors listed in Section 35-6A-9, finds that partition in kind
will result in great prejudice to the cotenants. In considering whether to order partition
in kind, the court shall approve a request by two or more parties to have their individual
interests aggregated. (b) If the court does not order partition in kind under subsection (a),
the court shall order partition by sale pursuant to Section 35-6A-10 or, if no cotenant requested
partition by sale, the court shall dismiss the action. (c) If the court orders partition in
kind pursuant to subsection (a), the court may require that one or more...
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35-6A-10
Section 35-6A-10 Methods of sale. (a) If the court orders a sale of heirs property, the court
shall order that the sale be conducted by one or more of the following methods of sale: Open
market sale with or without a broker or brokers; by sealed bids; public auction; or private
sale. The court shall choose a method which shall be more economically advantageous and in
the best interest of the cotenants as a group. (b) If the court orders an open market sale
with or without a broker and the parties, not later than 10 days after the entry of the order,
agree on a real estate broker or brokers licensed in this state to offer the property for
sale, the court shall appoint the broker or brokers and establish terms of the listing agreement.
If the parties do not agree on a broker or brokers, the court shall appoint a disinterested
real estate broker licensed in this state to offer the property for sale and shall establish
reasonable terms. The broker or brokers shall offer the property for...
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