The Birmingham age-herald., 1923-09-09

of interest on the outstanding in- debtedness, and to create sinking fund for the payment Of the prln- cipal of all bonds or other indebted ness, then the excess thereof shall be paid to the persons acquiring said property for the state in proportion to the appraised value of the prop erty conveyed by such person to the state until such persons have been fully reimbursed for the appraised value of such property including in terest at per cent per annum from the date of transfer.
 Property Condemnation.
 Sec. r. That whenever any per son or organization desires to acquire property necessary to the proper completion of developments contem- plated by this act for the purpose of transferring the same to the state without cost to the state, and such person or organization are unable to acquire the property without con demnation, then the commission snail proceed to condemn said property IT such person or organization snail make bond in some solvent bonding company authorized to do business in Alabama guaranteeing the payment of the purchase price of said property fixed by the said condemnation pro ceedings. The bond required by this act shall be approved by the gover- nor.
 Sec. IS. That any license heretofore granted by the state of Alabama, either expressly or by implication, permitting the upland owner to oc- cupy 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 re- voked by resolution of the state docks commission whenever said state dock commission shall determine to make use of such property for the purpose contemplated by this act, or may be suspended by resolution pending an investigation and decision as to whether or not such use shall be made; provided, however, that when ever 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 license from the state shall not be revoyed or suspended as long as such owner shall occupy such property with inn provements appropriate and devoted to the use of such property as a la cility to commerce as is contemplated by such license. Whenever the state
 
 that any part of the property of the state above described is being occu- pied under a license from the state but that the improvements thereon are not being so maintained and used as facilities to commerce as reason ably to serve the purpose for which the license was granted, and that 1t is desirable that this land should be improved by the state docks commits sion, then the state docks commission may by resolution call upon such owner of such improvements to put the same in such condition as reason ably to serve as such facilities to commerce within the purpose of the license under which they were erect ed, and if the said owner shall fail to comply with such resolution with in a reasonable time, then the state docks commission may file a bill in the circuit court of the circuit in which such land Is situated for the cancellation of such license. and if upon final hearing it shall be deter mined by the court that the said property is being occupied in viola tion of the intent and purpose of said license then the court shall by it's de- cree cancel the same and the state docks commission shall then be en- titled to proceed with the improve mntts thereof, provided further the use of such improvement by the up- land owner shall in no event be dis turbed until the state docks commits sion is ready to begin the improve ment of the land so occupied thereby under the terms of this act.
 l Sec. 19. No. special meeting of the state docks commission shall be held without giving at least one weeks notice in writing to each member and to the governor unless each member of said commission and the governor consent to such meeting in writing, which consent must be shown of rec ord. No expenditure of funds shall be authorized by said commission unless two members thereof and the gover- nor vote in favor of such expendi- ture. The commission is required to keep accurate minutes of all US meet ings, showing all proposed expendi- ditures the disposition of such propo- sition, the vote of each member of the commission thereon. The commission | shall also require to be kept on file and subject to public examination, an itemized account of all expenditures authorized and made.
 Sec. 20. All laws and parts of laws in conflict with this act are hereby repealed.
 Sec. 21. If any section or provision of this act be held unconstitutional. it shall not invalidate any other sec l tion or provisions of this act.