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9-9-45
Section 9-9-45 Construction of improvements under water management plan - Contractor's right
of entry upon lands, etc. In the construction of the works of improvement, the contractor
shall have the right to enter upon the lands necessary for this purpose and the right to remove
private or public bridges or fences and to cross private lands in going to or from the work.
In case the right-of-way of the improvement is through timber, the owner thereof shall have
the right to remove it if he so desires before the work of construction begins. (Acts 1965,
No. 685, p. 1246, ยง36.)...
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9-9-24
Section 9-9-24 Procedure as to proposed improvement crossing railroad right-of-way. Whenever
the proposed improvement crosses the right-of-way of any railroad company, it shall be the
duty of the board of water management commissioners, before adopting the plan of water management,
to promptly notify such railroad company by serving written notice on any agent of such company
or its lessee or receiver, such notice fixing the time of such meeting, which shall be not
less than 10 days after the service of the same, that the board of water management commissioners
will meet the company at the place where the proposed works of improvement will cross the
right-of-way of such company for the purpose of conferring with said railroad company with
relation to the place and the manner in which said improvement shall cross such right-of-way.
It shall be the duty of the board of water management commissioners and the railroad company
to agree, if possible, upon the place where and the manner and...
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9-9-31
Section 9-9-31 Tax levy to defray expenses of proposed works and improvements generally; water
management tax record; additional taxes. (a) After the list of lands and other property with
the assessed benefits and the decree and judgment of the court have been filed as provided
in Section 9-9-29, the board of water management commissioners shall without unnecessary delay
levy a tax of such portion of said benefit on all lands and other property in the district
to which benefits have been assessed as may be found necessary by the board of water management
commissioners to defray the costs and expenses of the proposed works and improvements as incorporated
in the plan of water management, plus 10 percent of said total amount for emergencies. The
said tax shall be apportioned to and levied on each tract of land or other property in said
district in proportion to the benefits assessed and not in excess of 90 percent thereof; and,
in case bonds are issued as provided in this article, then...
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9-9-50
Section 9-9-50 Annexation of land to district. Any body of land, however large, contiguous
or adjacent to a water management district organized under this article may be annexed thereto
and made a part thereof, the same as if originally included therein, upon petition of one
third or more of the landowners owning 50 percent or more in acreage of the real property
to be annexed or upon the petition of one half or more of the owners of the real property
to be annexed owning more than one third of the area to be annexed. Such petition and all
the proceedings relative thereto shall conform as nearly as may be with the provisions of
this article for the filing of the petition for the organization of a water management district
and shall be filed with the court of probate having jurisdiction over the district to which
annexation is sought. Upon filing of such petition, the court shall direct the board of water
management commissioners of said district to cause surveys and a report to be made...
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23-3-5
Section 23-3-5 Acquisition of property and property rights. (a) For the purpose of this chapter,
the highway authorities of the state, acting alone or through the counties, cities, and towns,
may acquire private or public property and property rights for controlled access facilities
and service roads, including rights of access, air, view and light, by gift, devise, purchase,
or condemnation in the same manner as such authorities are now, or hereafter may be, authorized
by law to acquire such property or property rights in connection with highways and streets
within their respective jurisdiction. In connection with the acquisition of property or property
rights for any controlled access facility, or portion thereof or service road in connection
therewith, the state, county, city, or town highway authority is hereby authorized, in its
discretion, to acquire an entire lot, block or tract of land, even though such entire lot,
block or tract of land is not immediately needed for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-3-5.htm - 2K - Match Info - Similar pages
9-9-29
Section 9-9-29 Filing of exceptions to report; hearing upon exceptions and report; approval
and confirmation of report; dismissal of proceedings and dissolution of district; transmittance
of copies of court decree and report of viewers; filing fee. On or before the day set for
the hearing of the final report of the board of viewers, the water management district or
any owner of land or other property in said district or any person having an interest in any
lands or other property within said district may file exceptions to said report or to any
assessment for either benefits or damages. All exceptions shall be heard by the court and
determined in a summary manner so as to carry out liberally the purposes and needs of the
district. If it appears to the satisfaction of the court, after having heard and determined
all of said exceptions, that the estimated cost of constructing the improvements contemplated
in the plan of water management or, in the case of a Public Law 566 watershed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-9-29.htm - 3K - Match Info - Similar pages
9-9-15
Section 9-9-15 Board of water management commissioners - Powers and duties generally. The board
of water management commissioners shall have the right and authority to enter into contracts
or other agreements with the United States government or any department thereof, with persons,
with railroads or other corporations, with public corporations, with the state government
of this or other states and with drainage, conservation or other improvement districts in
this or other states for cooperating or assisting in constructing, maintaining, using or operating
the works of the district or for making surveys and investigations or reports thereon and
may purchase, lease or acquire land or other property in adjoining states in order to secure
outlets or for other purposes of this article, and may let contracts for securing such outlets
or other works in adjoining states as may be necessary to carry out the provisions of this
article. The board shall have the authority to borrow funds from...
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9-9-47
Section 9-9-47 Construction of improvements crossing railroad right-of-way. After a district
has let a contract for work which crosses or traverses a railway right-of-way and the actual
construction is commenced, the engineer in charge of construction shall notify the railroad
company of the probable time at which the contractor will be ready to enter upon the right-of-way
of said road and construct the work thereon. It shall be the duty of the said railroad to
send a representative to view the ground with the engineer and arrange the exact time at which
such work can be most conveniently done. At the time agreed upon, the said railroad company
shall remove its rails, ties, stringers and such other obstructions as may be necessary to
permit the excavation or construction of the channel or other work of improvement across its
right-of-way. The work shall be so planned and conducted as to interfere in the least possible
manner with the business of the said railroad. In case the railroad...
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11-99A-2
Section 11-99A-2 Definitions. In this chapter the following words shall have the following
meanings: (1) APPOINTING GOVERNMENT. The municipality or county that approves the creation
of a district and appoints members to the board. (2) BOARD. The board of directors of a district.
(3) CONTIGUOUS. Two tracts of land if touching for a continuous distance of not less than
200 feet. The term includes tracts of land divided by bodies of water, streets, railroad,
or utility rights-of-way, or by land owned by any public person. In determining whether land
is contiguous with a municipality, (i) land separated by bodies of water, streets, or railroad,
or utility rights-of-way is contiguous even though the bodies of water, streets, or rights-of-way
are within the city limits of another municipality and (ii) land separated by land owned by
a public person is not contiguous if the land owned by the public person is within the city
limits of another municipality. (4) COUNCIL. The governing body of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-99A-2.htm - 8K - Match Info - Similar pages
9-10A-14
Section 9-10A-14 Powers of board. The board of directors of a watershed management authority
shall have power to: (1) Acquire, by purchase, gift, grant, bequest or devise, or through
condemnation proceedings held in the manner provided by Chapter 1A of Title 18, such lands
or rights-of-way as are necessary for the exercise of any authorized function of the authority.
Prior to commencing condemnation proceedings upon land or rights-of-way in the manner provided
by Chapter 1A of Title 18, the board of directors of a watershed management authority shall
conduct a public hearing regarding the commencement of said condemnation proceedings. The
board of directors, prior to the public hearing shall publish notice of the public hearing
at least twice, with an interval of at least seven days between the two publication dates,
in a newspaper or other publication of general circulation within the county or counties where
the land or right-of-way is situated. If no such publication of general...
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