The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25
AN ACT
No. ss9)

tional rights and powers, including the
right to acquire ly purchase, or by con-
demnation, lands and easements, upon
corporations organized under the gen
eral laws, or heretofore under a speclai
act Of the General Assembly of the
State of Alabama, and upon corpora
lions organized under the laws OF any
other State of the United States, ana
which corporations have complied with
the laws of Alabama in reference to
foreign corporations. and which have
the right by their charter to manufac-
ture, supply and sell power produced
by water a motive force" approved
October ], 1908; and to add Sections S1s
and or to said act, defining the duties
of such corporation to the public.
Section l. Be it enacted by the Legis-
lature of Alabama, that Section l of an
act entitled IAN act to confer additional
rls ITS and powers, including the right
TO acquire by purchase or by condemna-
ton, lands and easements, upon corpora
lions organized under the general laws or
heretofore under special act OF the
General Assembly of the State OF Ala
bama. and upon corporations organized
under the laws of any other State OF the
United States and which corporations
have complied with the laws of Alabama
in reference to foreign corporations and
which have the right by their charter to
manufacture, supply and sell power pro-
duced by water as a motive force, ap-
proved October /, 1903. be amended as FOL
lows: Section I. That all corporations
organized under the general laws OF this
State or heretofore under a special act OF
the Legislature of this State, and all cor
porations organized under the laws of any
State of the United States, and which
have compiled with the constitution and
laws of the State Of Alabama as to for
eisn corporations, and which by their
charter have the right TO manufacture
supply and sell to the public, power pro-
duced as a motive force. shall, after ac-
curing by purchase or otherwise than
by condemnation dam or power site
comprising not less than one acre OF iahd
upon ach and oppostes sides or any wa
ter course, have the right and authority
to acquire by condemnation in the man
ner provided by law for the condemna-
ton of lands and rights of way for pun
lie use in Article One % Chapter AZ OF
the Code the lands necessary for the
construction and operation of said dam
and works herewith and the right and
authority to construct and operate AT
said site and across said stream dam,
together with all works incident or nee
essary thereto, and the right and author
ity to impound or divert water of any
water course or water courses or TINS
State. and the right and authority TO
raise higher such dam and to enlarge the
works necessary or incident thereto, as
may be required OF ueeHlSu tApcuiCie ny
such corporation in the manufacture ana
supply of power produced by water as a
motive force.
Sec ?. That Section of said act be
amended so as to read as follows: Sec
ton 2. That corporations such as are
mention ed in Section hereof shall have
the right and authority to acquire by
purchase, If said corporation and the
owners agree, and If said corporation and
said owners cannot agree as to said pur-
chase, then by condemnation in the man
ner provided by law for the condemns
ton of lands and rights of way for pub
lie use in Article One ~, Chapter AZ of
the Code of 1896, which method of con-
domination shall be cumulative. all lands
or waters or interests or rights or ease
ments in lands waters, likely or la
BILE to be flooded or damaged by inn
pounding or diverting the water OF any
water course of this State ard it's tribu-
tanles or necessary for the the construc-
ton OF dams and power houses, or works
necessary or incident thereto, or dam
aged or likely or liable to be flooded
or damaged by the construction ana OPP
Grafton and enlargement of the dams, and
works incident or necessary thereto or
damaged or taken in the construction, OPP
Grafton or use of all canals, tail-races or
exit ways necessary. useful or convenient
for the escape conveyance or return or
the water used in the operation OF the
works or power plant; provided. that
such corporation shall have no right TO
condemn a private residence nor the
outhouse, garden nor orchard within the
cutilage of ., private residence, for rights
of way for it's transmission line or lines,
and provided such corporation shall have
no right to condemn lands or water
rights in use or held for such use by an
other corporation having similar powers,
except where such lands or water rights
have been acquired subsequently to those
already held by the condemning party
upon the same river or stream, and
where the lands or rights acquired by
sucn other corporation prior to the hold
ings of the condemning party IN them-
selves and taken alone cannot be made
the reasonable basis of a water power
DEVELOPMENT or where and to the extent
that such water rights cannot be utilized
beyond the average natural flow OF the
stream as determined by the records or
previous years except by virtue or the
works or construction of the condemn
ing party and provided such corpora
ton shall have no right to condemn wa
ter rights or water in actual and prior
use by any cotton mill or factory or
other industry using water power. Pro-
yided the restriction does not apply to
waters in actual use or capable of being
used by the said cotton mandatory, or
other industry using water power for the
the same may be available to it by the
actual flow of the stream or by its IA
cIllles for increasing the same; but such
corporation may by condemnation ac-
quire the right to flood grist mills and in
dustrles in conjunction Herewith to-
gether with lands and water rights APP
pertaining thereto, but must pay to the
owner thereof before such flooding such
reasonable and just compensation as may
be awarded in the manner provided by
law fol- the condemnation of lands and
rights of way for public use in Article
One a. of Chapter AZ of the Code of
1896.
Sec. 3. That said act be amended by add
ing thereto after Section the following:
ing: Section S1a. That any dam erected
in accordance with the provisions of this
statute shall be considered dam author
lied by the Legislature of this State at
the particular site selected and of the
specific height and dimensions determined
upon.
Sec. 4. That said act be amended by
adding thereto after Section g. the fol-
lowing: Section 91a Be 1t further enact
ed. that any corporation manufacturing.
selling and supplying power, heat, light
or electricity produced by water as
motive force under the provisions of this
statute must sell such power heat. light
or electricity to any person or persons.
municipal or other corporation, in the or
der In which requests or demands are
made for such light, heat, power. or cleo
be construed to require any such corpo-
retion to furnish light, heat. power or
electricity to any person or persons. cor
poratiOn or COMBINATIONS. until satisfied OF