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9-14-2
Section 9-14-2 Designation and uses of parks, parkways, monuments and historic sites in state
park system. All parks, parkways, monuments and historic sites now owned or hereafter established
or acquired by the state shall constitute the state park system (except Mound State Monument,
the First White House of the Confederacy and all monuments and historic sites now located
on state owned land in the City of Montgomery), and are hereby reserved for the enjoyment
and benefit of the people; provided, that nothing contained in this section shall be construed
as restricting or limiting in any manner the power and authority now granted by law to the
Commissioner of Conservation and Natural Resources to sell, lease or exchange any park, parkway,
monument or historic site now owned or hereafter established or acquired by the state. (Acts
1939, No. 556, p. 877, §1; Code 1940, T. 8, §172.)...
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9-15-55
Section 9-15-55 Retention by state of title to certain filled lands; rights of access. (a)
The state shall retain title to any lands of the state lying seaward of the mean high tide
line that are filled in the course of a beach project undertaken by a coastal municipality
pursuant to Article 11 of Chapter 47 of Title 11 with the permit of the Commissioner of the
Department of Conservation and Natural Resources as provided in Section 9-15-56. (b) The title
to additional filled lands shall be retained by the state to the extent that the proportions
of any state-owned lands filled in the course of a permitted beach project undertaken by a
coastal municipality are subsequently increased seaward by accretion or any other natural
or artificial fill process. (c) Notwithstanding any rule of decision or principle of common
law recognized prior to May 23, 2000, the retention of title by the state pursuant to this
section shall be recognized regardless of the participation, consent, or objection...
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9-15-78
Section 9-15-78 Bids to be publicly taken by director; notice; bids to become public record.
The bids shall be publicly taken or opened in Montgomery or such other place as may be designated
by the Lands Division, in case of sealed bids, by the Director of the Lands Division of the
state Department of Conservation and Natural Resources or his or her designee and the department,
board, bureau, commission, institution, corporation, or agency selling the property may have
a representative present. When a sale or lease is to be made, notice shall be given to the
highest bidder within 30 days after taking the bids of the state's acceptance of his or her
bid and of the state's intention to sell or lease the property to him or her. The bid of the
successful bidder so marked, as well as the bids of the unsuccessful bidders in the case of
sealed bids, shall be placed on file open to public inspection and shall become matters of
public record. (Acts 1995, No. 95-280, p. 507, §9.)...
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16-20-2
Section 16-20-2 Timber on reserved lots not to be injured. (a) The lots reserved for timber
are for the common benefit of the lessees of the other lots; but no timber shall be cut down,
injured or destroyed as long as there is sufficient on the other lots, which the Commissioner
of the Department of Conservation and Natural Resources is to determine; but the lessees must
in no case cut down, injure or destroy such timber without permission from said commissioner,
which may be given on such terms as he may think proper, having due regard to the interest
of the township or district. (b) Any person who, without authority, cuts down, boxes, injures
or destroys any tree on school lands shall forfeit and pay for every such tree the sum of
$25.00, to be recovered before any court having jurisdiction in the name of the county board
of education for the school located in the township in which such lands are located, or the
school district in which such lands are located. (c) All fines and...
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9-14E-1
Section 9-14E-1 Definitions. The following terms as used in this section shall have the following
meanings: (1) DEPARTMENT. The Department of Conservation and Natural Resources. (2) GOVERNOR.
The Governor of the State of Alabama. (3) GROUND LEASE. A lease of the project site which
shall provide for the rights and responsibilities of the state and any other person which
is a party thereto. (4) GULF STATE PARK. The real property comprising approximately 6,150
acres, and any future additions thereto, including facilities and fixtures located thereon
and appurtenances thereto, owned and managed by the state and the department in south Baldwin
County, Alabama. (5) GULF STATE PARK PROJECT COMMITTEE. The committee established pursuant
to subsection (d) of Section 9-14E-5. (6) PARTY TO AN EXECUTED PROJECT AGREEMENT. The state
or any person who is a party to and is obligated to the state under a project agreement, or
any part thereof. (7) PERSON. Any private person or any public person. (8)...
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9-15-75
Section 9-15-75 Advertising. Every proposal to make a sale or lease under this article shall
be advertised for at least once a week for four weeks in advance of the date fixed for receiving
bids or public auction. The advertisement shall appear at least once a week for four consecutive
weeks in a newspaper of general circulation in the county or counties where the property is
located, and at least one time in three other newspapers of general circulation throughout
the state. Property located outside the State of Alabama shall be advertised at least one
time in three newspapers of general circulation throughout the state. A copy of the proposal
shall simultaneously be posted on a readily accessible public bulletin board at the main office
of the Lands Division of the state Department of Conservation and Natural Resources. Persons
who request notification of the sale or lease of real property by the state and who provide
their mailing address with the Lands Division shall be sent notice...
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11-47-251
Section 11-47-251 Powers of coastal municipalities. (a) Any coastal municipality may do any
of the following: (1) Plan, establish, develop, construct, enlarge, improve, maintain, regulate,
and protect beach projects, including, without limitation, joint beach projects with one or
more other coastal municipalities. (2) Finance the cost of beach projects in whole or in part
by the issuance of bonds, warrants, notes, or other evidence of indebtedness. (3) Pledge to
the payment thereof its full faith and credit and any taxes, licenses, or revenues which the
coastal municipality may then be authorized to pledge to the payment of bonded or other indebtedness.
(4) Make and enforce rules and regulations governing the use of and activities upon the areas
included within any beach project established by the coastal municipality with the concurrence
of the Commissioner of the Department of Conservation and Natural Resources, acting through
the Lands Division of the department. (5) Acquire or...
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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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16-20-6
Section 16-20-6 When title acquired by adverse possession. When a person is in possession of
any sixteenth section lands under color of title, and has been in such possession for more
than 20 years prior to the first day of May, 1908, and neither the state, nor any department
thereof, holds any note, bond, obligation or other contract of anyone for the purchase money
of such land, and the Commissioner of the Department of Conservation and Natural Resources
and the Director of Finance shall so certify, and the Attorney General shall certify that
proof of adverse possession, by the person now in possession, or coupled with his predecessor
in possession, for 20 years prior to May 1, 1908, under color of title, has been made, which
proof is satisfactory to the Attorney General. The Governor must cause a patent to issue to
said land under the seal of the state to the person entitled thereto. Notwithstanding the
foregoing provisions of this section, if the Attorney General is satisfied with...
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9-11-91
Section 9-11-91 Catching, etc., of fish in private ponds, lakes, pools, or reservoirs. (a)
It is unlawful for any person to take, catch, or kill or attempt to take, catch, or kill fish
or aid in the taking, catching, or killing of fish of any species by the means or use of a
seine, net, trap, or any similar or other device which may be used for taking, catching, killing,
or stunning fish, or by the use of hook and line, rod and reel, by use of dynamite or other
explosives, or by the use of any poison, poisonous substance, fishberries, lime, or other
deleterious or poisonous matter in any private pond, private lake, private pool, or private
reservoir of this state, except as otherwise specifically provided in this section. (b) Any
person who violates subsection (a) shall be guilty of a misdemeanor and, on conviction, shall
be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars
($500), but if the violation is for seining, netting, dynamiting, or...
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