|
35-6A-7
Section 35-6A-7 Request for partition by sale; purchase of interests. (a) In each petitioner's
initial pleading in a partition action, the petitioner shall state whether the petitioner
requests partition by sale. If the petitioner fails to so state, the petitioner shall be deemed
to have not requested partition by sale. (b) In each cotenant's initial responsive pleading,
the cotenant shall state whether the cotenant requests partition by sale. (1) If a cotenant
files a responsive pleading but fails to so state, the cotenant shall be deemed to have not
requested partition by sale. (2) If a guardian ad litem is appointed to represent one or more
cotenants including, but not limited to, unknown, unlocatable, and legally incapacitated cotenants,
the guardian ad litem may, but is not required to, state whether or not such cotenant requests
partition by sale, and the guardian ad litem shall have no liability for making or failing
to make the election. If a guardian ad litem files a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6A-7.htm - 12K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6A-8.htm - 1K - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6A-9.htm - 2K - Match Info - Similar pages
19-3-170
Section 19-3-170 Partition of freehold devised with contingent interest. When any deceased
tenant in common, joint tenant or coparcener of real estate shall have devised any freehold
interest in such estate to any person, with a contingent interest by way of remainder, substitution
or executory devise to any other person, born or unborn, the circuit court may, on the complaint
of any person interested, order partition of such estate to be made between the devisee or
devisees, the surviving cotenant or cotenants and the person having such contingent interest;
and the judgment shall bind the parties and the person having such contingent interest, his
heirs and assigns. (Code 1923, §10437; Code 1940, T. 58, §56.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3-170.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6A-2.htm - 2K - Match Info - Similar pages
26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-21-4.htm - 11K - Match Info - Similar pages
23-4-20
Section 23-4-20 Vacation of street or alley. (a) Subject to the conditions set out in this
subsection, any street or alley may be vacated, in whole or in part, by the owner or owners
of the land abutting the street or alley or abutting that portion of the street or alley desired
to be vacated by following the procedures set out herein. The owner or owners of the land
abutting the street or alley to be vacated shall join in a written petition requesting that
the street or alley be vacated and shall file the petition with the governing body with jurisdiction
over the street or alley, or portion thereof, requesting the governing body's approval of
the vacation. The governing body shall set the request for vacation for public hearing within
100 days from the date the petition is received. Notice of the hearing shall be provided as
set out in Section 36-25A-3 for notice of meetings of the governing body and shall describe
the street or alley, or portion thereof, requested to be vacated in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-4-20.htm - 7K - Match Info - Similar pages
24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-9-8.htm - 13K - Match Info - Similar pages
8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
|