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18-1A-54
Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference
with possession or use of, property caused by his entry and activities upon the property.
This liability may be enforced in a subsequent condemnation proceeding filed within the period
specified as a retention period in Section 18-1A-52 or, if no such proceeding is filed within
such period of time, by civil action with the right of trial by jury on demand of either party.
(b) If funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person
entitled to damages under subsection (a) may apply to the circuit court for payment of his
damages from such funds. If the amount on deposit is insufficient to pay the full amount,
the circuit court shall enter judgment against the condemnor for the unpaid portion. (Acts
1985, No. 85-548, p. 802, §305.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-54.htm - 1K - Match Info - Similar pages
6-5-221
under the supervision, administration, or observation of an architect or engineer, or designed
by and constructed in accordance with the plans and specifications prepared by an architect
or engineer, for the recovery of damages for: (i) Any defect or deficiency in the design,
planning, specifications, testing, supervision, administration, or observation of the construction
of any such improvement, or any defect or deficiency in the construction of any such improvement;
or (ii) Damage to real or personal property caused by any such defect or deficiency;
or (iii) Injury to or wrongful death of a person caused by any such defect or deficiency;
shall be commenced within two years next after a cause of action accrues or arises, and not
thereafter. Notwithstanding the foregoing, no relief can be granted on any cause of action
which accrues or would have accrued more than seven years after the substantial completion
of construction of the improvement on or to the real property, and any right...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-221.htm - 3K - Match Info - Similar pages
9-17-32
effect of authorizing the sale, purchase or acquisition or the transportation, refining, processing
or handling in any other way of such illegal oil, illegal gas or illegal product, but, to
the contrary, the fine shall be imposed for each prohibited transaction relating to such illegal
oil, illegal gas or illegal product. (c) Any person knowingly and willfully aiding or abetting
any other person in the violation of any statute of this state relating to the conservation
of oil or gas or the violation of any provision of this article or any rule, regulation or
order made under this article shall be subject to the same penalty prescribed in subsection
(a) of this section for the violation by such other person. (d) The payment of any fine shall
not impair or abridge any cause of action which any person may have against the person violating
a rule, regulation or order by reason of an injury resulting from such violation. (Acts
1945, No. 1, p. 1, §21; Acts 1990, No. 90-104, p. 104, §3.)...
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6-11-20
creating any claim for punitive damages which is not now present under the law of the State
of Alabama. (b) As used in this article, the following definitions shall apply: (1) FRAUD.
An intentional misrepresentation, deceit, or concealment of a material fact the concealing
party had a duty to disclose, which was gross, oppressive, or malicious and committed with
the intention on the part of the defendant of thereby depriving a person or entity of property
or legal rights or otherwise causing injury. (2) MALICE. The intentional doing of a
wrongful act without just cause or excuse, either: a. With an intent to injure the person
or property of another person or entity, or b. Under such circumstances that the law will
imply an evil intent. (3) WANTONNESS. Conduct which is carried on with a reckless or conscious
disregard of the rights or safety of others. (4) CLEAR AND CONVINCING EVIDENCE. Evidence that,
when weighed against evidence in opposition, will produce in the mind of the trier of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-20.htm - 2K - Match Info - Similar pages
22-35-3
to disallow recovery to any person who interferes with prompt remediation of impacted soils
and groundwater. Such term shall not include any person to whom property is sold, given, or
abandoned after discovery of a release or in anticipation of damage due to a release. (17)
THIRD-PARTY CLAIM. Any civil action brought or asserted by any third party against any owner
or operator of any underground or aboveground storage tank who is in substantial compliance
as stated in this chapter for bodily injury or property damage which damages are the
direct result of an accidental release arising from the operation of motor fuel underground
or aboveground storage tanks covered under this chapter. The assessment of punitive damages
shall not constitute a third-party claim recoverable against the fund, nor shall punitive
damages be assessed against the fund. (18) UNDERGROUND STORAGE TANK. Any one or combination
of tanks (including pipes connected thereto) used to contain an accumulation of motor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-3.htm - 8K - Match Info - Similar pages
6-5-336
Section 6-5-336 Volunteers. (a) This section shall be known as "The Volunteer Service
Act." (b) The Legislature finds and declares that: (1) The willingness of volunteers
to offer their services has been increasingly deterred by a perception that they put personal
assets at risk in the event of tort actions seeking damages arising from their activities
as volunteers; (2) The contributions of programs, activities, and services to communities
is diminished and worthwhile programs, activities, and services are deterred by the unwillingness
of volunteers to serve either as volunteers or as officers, directors, or trustees of nonprofit
public and private organizations; (3) The provisions of this section are intended to encourage
volunteers to contribute their services for the good of their communities and at the same
time provide a reasonable basis for redress of claims which may arise relating to those services.
(c) For the purposes of this section, the meaning of the terms specified shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-336.htm - 3K - Match Info - Similar pages
16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-44B-1.htm - 46K - Match Info - Similar pages
26-23G-5
Section 26-23G-5 Civil damages. (a) A cause of action for civil damages against an individual
who has performed a dismemberment abortion in violation of Section 26-23G-3 may be maintained
by any of the following: (1) Any woman upon whom a dismemberment abortion has been performed
in violation of Section 26-23G-3. (2) The father of the unborn child, if married to the woman
at the time the dismemberment abortion was performed. (3) If the woman had not attained the
age of 18 years at the time of the dismemberment abortion or has died as a result of the abortion,
the maternal grandparents of the unborn child. (b) No damages may be awarded a plaintiff if
the pregnancy resulted from criminal conduct of the plaintiff. (c) Damages awarded in such
an action shall include all of the following: (1) Money damages for all injuries, psychological
and physical, occasioned by the dismemberment abortion. (2) Statutory damages equal to three
times the cost of the dismemberment abortion. (Act 2016-397,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23G-5.htm - 1K - Match Info - Similar pages
45-37A-331.13
Section 45-37A-331.13 Civil action against person operating vehicle. Any person against whom
an adjudication of liability for a civil violation is made under this part, or the ordinance
passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a
cause of action against any person who may be shown to have been operating the vehicle recorded
at the time of the violation for the amount of the civil fine actually paid plus any consequential
or compensatory damages and a reasonable attorney fee, without regard to the rules regarding
joint and several liability, contribution, or indemnity. Provided, however, that as a condition
precedent to the bringing of a civil action, that the person held responsible for payment
of the civil fine shall first make written demand on the other person for reimbursement of
the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully
made within the 60-day period then the cause of action shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.13.htm - 1K - Match Info - Similar pages
45-41A-41.13
Section 45-41A-41.13 Civil action against person operating vehicle. Any person against whom
an adjudication of liability for a civil violation is made under this part, or the ordinance
passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a
cause of action against any person who may be shown to have been operating a vehicle recorded
at the time of the violation for the amount of the civil fine actually paid plus any consequential
or compensatory damages and a reasonable attorney fee, without regard to the rules regarding
joint and several liability, contribution, or indemnity. Provided, however, that as a condition
precedent to the bringing of a civil action, that the person held responsible for payment
of a civil fine shall first make written demand on the other person for reimbursement of the
civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made
within the 60-day period then the cause of action shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.13.htm - 1K - Match Info - Similar pages
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