Section 42-3-2 – Cession of Sites Covered by Navigable Waters.
Section 42-3-2 Cession of sites covered by navigable waters. Whenever the United States desires to acquire title to land belonging to this state, covered by the navigable waters of the United States and within the limits of this state for the site of a lighthouse, beacon or other aid to navigation, and application is made […]
Section 42-3-3 – Reservation of Rights, etc., by State.
Section 42-3-3 Reservation of rights, etc., by state. The jurisdiction heretofore ceded to the United States over any lands acquired by it within the State of Alabama, with the consent of the state, shall be subject to such reservations, restrictions and conditions as provided in the act or instrument of cession relating to such acquisition […]
Section 42-1-2 – Consent to Acquisition of Lands Needed for Consolidation and Administration of National Forests.
Section 42-1-2 Consent to acquisition of lands needed for consolidation and administration of national forests. The consent of the State of Alabama is hereby given to the United States to acquire by purchase, condemnation or gift, for forest purposes, such lands, within the exterior national forest boundaries or within the watershed or drainage areas of […]
Section 42-2-1 – When Authorized; Jurisdiction of Probate Court.
Section 42-2-1 When authorized; jurisdiction of probate court. If the agent of the United States and the owner of the lands or right-of-way to be condemned cannot agree as to the terms of the sale and purchase thereof, the probate court of the county in which such lands or any part thereof may lie may, […]
Section 42-2-2 – Application.
Section 42-2-2 Application. The application of the United States or its agent must be in writing, verified by the oath of an agent or attorney, and must state with certainty the uses or purposes for which the land is to be taken or the interest or easement therein to be acquired, and must state the […]
Section 42-2-3 – Order Appointing Day of Hearing; Publication and Service of Notice of Hearing.
Section 42-2-3 Order appointing day of hearing; publication and service of notice of hearing. On the filing of the application, the court must make and enter an order appointing the day for the hearing thereof. If the owner of the land resides within the state, the court must issue notice to him of the application […]
Section 42-2-4 – Appointment of Guardian Ad Litem and Counsel for Infants and Persons of Unsound Mind.
Section 42-2-4 Appointment of guardian ad litem and counsel for infants and persons of unsound mind. If the owner of the lands is an infant or is of unsound mind, the court, on the day appointed for the hearing, must appoint a guardian ad litem to represent him, and the guardian so appointed must file […]
Section 42-2-5 – Failure of Owner to Appear at Hearing.
Section 42-2-5 Failure of owner to appear at hearing. If the owner does not appear on the hearing of the application, the court must hear the same and, if the application is granted, must appoint commissioners as herein provided for, and thereafter the same proceedings shall be had as if such owner had appeared. (Code […]
Section 42-2-6 – Conduct of Hearing; Order Granting or Refusing Application; Appeal From Grant or Refusal of Application.
Section 42-2-6 Conduct of hearing; order granting or refusing application; appeal from grant or refusal of application. On the day appointed or any other day to which the hearing may be continued, the court must hear the allegations of the application and any objections which may be filed to the granting thereof and any legal […]
Section 42-2-7 – Commissioners for Assessment of Damages and Compensation – Appointment; Notice to Commissioners; Duties.
Section 42-2-7 Commissioners for assessment of damages and compensation – Appointment; notice to commissioners; duties. If the application is granted, the judge of probate must appoint three citizens of the county in which the lands sought to be condemned are situated, who shall possess the qualifications of jurors, who shall be disinterested and who shall […]