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9-9-21
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and
such land, easements or rights-of-way within or outside the district which are necessary to
carry out the purposes of the district may be condemned. Nothing in this article shall be
construed to authorize the acquisition by eminent domain of any real property or rights owned
or controlled by railroads or utilities, both public and private. The right of condemnation
hereby conferred shall be exercised by application to the court of probate of the county in
which the lands over which such right-of-way or outlet is desired or a material portion thereof
are situated, and the same proceedings shall be had as in cases of condemnation of lands under
the right of eminent domain, and such damages as may be awarded as compensation shall be paid
by the board of water management commissioners out of the first funds which shall be available
from the proceeds of the sale of bonds or otherwise. (Acts 1965, No....
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9-9-78
Section 9-9-78 Right of condemnation. If it shall be necessary to acquire a right-of-way or
an outlet over and through land affected by the improvements, then and in such event the power
of eminent domain is hereby conferred, and such land may be condemned. The right of condemnation
hereby conferred shall be invoked by application to the court of probate of the county in
which the lands over which said right-of-way or outlet is desired are situated, and the same
proceedings shall be had as in other cases of condemnation of lands for public uses as provided
in this code, and such damages as may be awarded shall be paid by the other landowners in
proportion to the assessments approved by the county commission against the benefits accruing
to their lands by virtue of the improvements established in said subdistrict. (Acts 1936,
Ex. Sess., No. 127, p. 83, §10; Code 1940, T. 2, §271.)...
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33-18-1
Section 33-18-1 Alabama-Coosa-Tallapoosa River Basin Compact. The State of Alabama hereby agrees
to the following interstate compact known as the Alabama-Coosa-Tallapoosa River Basin Compact:
Alabama-Coosa-Tallapoosa River Basin Compact The States of Alabama and Georgia and the United
States of America hereby agree to the following compact which shall become effective upon
enactment of concurrent legislation by each respective state legislature and the Congress
of the United States. Short Title This act shall be known and may be cited as the "Alabama-Coosa-Tallapoosa
River Basin Compact" and shall be referred to hereafter in this document as the "ACT
Compact" or "compact." Article I Compact Purposes This compact among the States
of Alabama and Georgia and the United States of America has been entered into for the purposes
of promoting interstate comity, removing causes of present and future controversies, equitably
apportioning the surface waters of the ACT, engaging in water planning,...
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33-19-1
Section 33-19-1 Apalachicola-Chattahoochee-Flint River Basin Compact. The State of Alabama
hereby agrees to the following interstate compact known as the Apalachicola-Chattahoochee-Flint
River Basin Compact: Apalachicola-Chattahoochee-Flint River Basin Compact The States of Alabama,
Florida and Georgia and the United States of America hereby agree to the following compact
which shall become effective upon enactment of concurrent legislation by each respective state
legislature and the Congress of the United States. Short Title This Act shall be known and
may be cited as the "Apalachicola-Chattahoochee-Flint River Basin Compact" and shall
be referred to hereafter in this document as the "ACF Compact" or "compact."
Article I Compact Purposes This compact among the States of Alabama, Florida and Georgia and
the United States of America has been entered into for the purposes of promoting interstate
comity, removing causes of present and future controversies, equitably apportioning the...
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23-1-380
Section 23-1-380 Exercise of power of eminent domain. For purposes of acquiring any property,
the department may exercise the right of eminent domain, in the name of the state, pursuant
to Chapter 1A, Title 18. The fact that the property needed has been acquired by the owner
under the power of eminent domain shall not prevent the property's acquisition by the department
by the exercise of the right of eminent domain herein conferred. For purposes of making surveys
and examinations relative to any condemnation proceedings, it shall be lawful to enter upon
any land, doing no unnecessary damage. Notwithstanding the provisions of any other statute
or the charter of any municipality, the department may take possession of any property to
be acquired at any time after the filing of the petition describing the same in condemnation
proceedings. It shall not be precluded from abandoning the condemnation of any property in
any case where possession thereof has not been taken. (Act 2000-220, p....
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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to prosecute
and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(2) To adopt and alter a corporate seal; (3) To make and alter at pleasure all needful bylaws,
rules, and regulations for the transaction of its business and the control of its property
and affairs; (4) To have the same right of eminent domain through condemnation conferred by
Section 10-5-1, or any subsequent statute of similar import; provided...
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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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18-1A-295
Section 18-1A-295 Use of condemnation proceedings by institutions of higher learning. (a) Whenever
any institution of higher learning created by legislative act or by the state constitution
and whose governing boards' powers are derived by state statute or from the constitution needs
any land or interest therein near the campus of the institution for its educational purposes
and the owner thereof is a minor or an insane person, or refuses to sell the land to the state
for use of the institution, or will not agree with the board of trustees or the president
on a price therefor, the trustees are hereby authorized to institute in the probate court
of the county in which the land is located proceedings in the name of the state, to condemn
such land, which proceedings shall be conducted as nearly as possible in accordance with the
provisions of Chapters 1 and 1A of Title 18. It shall be the duty of the trustees to pay out
of the funds of the institution all costs of every condemnation...
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11-50-343
Section 11-50-343 Powers generally; publication, recordation, and authentication of resolutions
of board. (a) Each board created under the provisions of this article shall be deemed to be
a public agency or instrumentality exercising public and governmental functions to provide
for the public health and welfare, and each such board is hereby authorized and empowered:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business; (2)
To adopt an official seal and alter the same at pleasure; (3) To maintain an office at such
place or places within the city as it may designate; (4) To sue and be sued in its own name;
(5) To acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate,
and maintain any water system or part thereof or any sewer system or part thereof or any combination
thereof within or without or partly within and partly without the corporate limits of the
city, and to acquire by gift, purchase, or the exercise of the right...
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9-9-11
Section 9-9-11 Establishment of district - Filing of objections to organization of district;
hearing and proceedings upon petition and objections; issuance of order declaring organization
of district; dismissal of petition and issuance of itemized bill of costs and expenses. (a)
Any owner of real property affected by said proposed district who wishes to object to the
organization and incorporation of said district shall, on or before 12:00 noon of the day
set for the causes to be heard, file his objection in writing stating why such district should
not be organized and incorporated. On the day appointed for the hearing, the court shall hear
and determine in a summary manner any objection that may be offered to the sufficiency of
the petition or to the report of the engineer or plan submitted by petitioners. If it appears
that there is any land within the proposed district that is not in the watershed, if the proposed
plan includes purposes other than drainage or is not in the benefited...
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