reglab/housing_qa huggingface dataset:
AL Code § 9-15-75 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 3 - Sale or Lease of Certain Real Property by State.|Section 9-15-75 - Advertising.

Section 9-15-75Advertising. Every proposal to make a sale or lease under this article shall be advertised for at least once a week for four weeks in advance of the date fixed for receiving bids or public auction. The advertisement shall appear at least once a week for four consecutive weeks in a newspaper of general circulation in the county or counties where the property is located, and at least one time in three other newspapers of general circulation throughout the state. Property located outside the State of Alabama shall be advertised at least one time in three newspapers of general circulation throughout the state. A copy of the proposal shall simultaneously be posted on a readily accessible public bulletin board at the main office of the Lands Division of the state Department of Conservation and Natural Resources. Persons who request notification of the sale or lease of real property by the state and who provide their mailing address with the Lands Division shall be sent notice of the sale or lease. Advertisements for bids shall state the real property to be sold, by description, where the property is located, and the dates and times when the property may be inspected. The advertisements shall further state the date, time, and place of auction or opening of sealed bids. The advertisements shall state that all bids may be rejected by the state. No bid shall be received at any time after the time advertised. (Acts 1995, No. 95-280, p. 507, §6.)
AL Code § 9-15-76 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 3 - Sale or Lease of Certain Real Property by State.|Section 9-15-76 - Binders.

Section 9-15-76Binders. Each person or corporation submitting a bid on real property or an interest therein to be sold or leased by the State of Alabama under this article shall present with his or her bid, payable to the Lands Division of the state Department of Conservation and Natural Resources, a certified check or bank cashier's check in the amount to be determined by the Lands Division not to exceed 20 percent of his or her bid, as a binder on the real property upon which he or she has bid. If the property is being sold at public auction, the Lands Division shall determine the amount of the binder required. The binder shall be forfeited by the person or corporation to whom the bid is awarded if the person or corporation does not complete purchase by presenting to the state a cashier's check or certified check for the amount due less the amount of the binder previously submitted on the real property within 30 days after receiving notice in writing that he or she is the successful bidder. The binder shall be applied to the purchase price of the successful bid. The Director of the Lands Division for good cause shown may extend the period for completing the sale for one additional period of seven days. Certified checks submitted as binders by those persons or corporations not awarded the bid shall be returned to the persons or corporations. (Acts 1995, No. 95-280, p. 507, §7.)
AL Code § 9-15-77 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 3 - Sale or Lease of Certain Real Property by State.|Section 9-15-77 - Payment of Expenses by Department, Board, Bureau, etc., Selling or Leasing Property; Payment of Fee to Lands Division.

Section 9-15-77Payment of expenses by department, board, bureau, etc., selling or leasing property; payment of fee to Lands Division. The expenses of the appraisal and contemplated sale or lease shall be paid by the department, board, bureau, commission, institution, corporation, or agency offering the property for sale. The Lands Division of the state Department of Conservation and Natural Resources shall receive a fee in reimbursement of its actual expenses for administering the sale of real property under this article. The fee shall be disbursed to the Lands Division in the final disposition of the funds received from the sale of the property. (Acts 1995, No. 95-280, p. 507, §8.)
AL Code § 9-15-78 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 3 - Sale or Lease of Certain Real Property by State.|Section 9-15-78 - Bids to Be Publicly Taken by Director; Notice; Bids to Become Public Record.

Section 9-15-78Bids to be publicly taken by director; notice; bids to become public record. The bids shall be publicly taken or opened in Montgomery or such other place as may be designated by the Lands Division, in case of sealed bids, by the Director of the Lands Division of the state Department of Conservation and Natural Resources or his or her designee and the department, board, bureau, commission, institution, corporation, or agency selling the property may have a representative present. When a sale or lease is to be made, notice shall be given to the highest bidder within 30 days after taking the bids of the state's acceptance of his or her bid and of the state's intention to sell or lease the property to him or her. The bid of the successful bidder so marked, as well as the bids of the unsuccessful bidders in the case of sealed bids, shall be placed on file open to public inspection and shall become matters of public record. (Acts 1995, No. 95-280, p. 507, §9.)
AL Code § 9-15-79 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 3 - Sale or Lease of Certain Real Property by State.|Section 9-15-79 - Negotiation Where No Bids Received or Bids Rejected; No Sale or Lease at Price Less Than Highest Bid or Minimum; Payment; Closing.

Section 9-15-79Negotiation where no bids received or bids rejected; no sale or lease at price less than highest bid or minimum; payment; closing. In the event no bids are received or all the bids are rejected by the chief executive officer of the department, board, bureau, commission, institution, corporation, or agency selling or leasing the property after the approval of the Governor, the sale or lease of the real property may be negotiated. No sale or lease may be made at a price less than the highest bid received or the published minimum, whichever is highest, and the sale or lease shall require the approval of the Governor. All real property sold or leased under this article shall be paid for by the purchaser or his or her representative by cashier's check or certified check, and the sale or lease shall be closed not later than 30 days after the written notice of acceptance of the bid. (Acts 1995, No. 95-280, p. 507, §10.)
AL Code § 9-15-80 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 3 - Sale or Lease of Certain Real Property by State.|Section 9-15-80 - Certain Persons Prohibited From Bidding on or Purchasing Property.

Section 9-15-80Certain persons prohibited from bidding on or purchasing property. Officers and employees of the department selling or leasing the real property and officers and employees of the Department of Conservation and Natural Resources, as well as members of their families, shall be excluded from bidding on the property at a public auction or by sealed bids. Other officers or employees of the state shall not be excluded from bidding on or purchasing the real property at public sale or sealed bid. (Acts 1995, No. 95-280, p. 507, §11.)
AL Code § 9-15-81 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 3 - Sale or Lease of Certain Real Property by State.|Section 9-15-81 - Criminal and Civil Actions and Penalties for Violations of Article.

Section 9-15-81Criminal and civil actions and penalties for violations of article. Any sale or lease of real property or any interest therein of the state made in violation of this article shall be null and void, and the person or persons violating this article shall be subject to criminal prosecution by the Attorney General. In addition to the prosecution, damages for loss or injury to the state may be recovered for the State of Alabama by the Attorney General by civil action in the Circuit Court of Montgomery County. The expenses of investigation, or litigation and prosecution, or both, under this article shall be reimbursed from funds recovered to the Attorney General. All other moneys recovered by the Attorney General shall be deposited in the State General Fund. Violation of this article shall also constitute a Class C felony punishable as prescribed by law. (Acts 1995, No. 95-280, p. 507, §12.)
AL Code § 9-15-83 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 3 - Sale or Lease of Certain Real Property by State.|Section 9-15-83 - Proceeds From Sale to Be Deposited to Credit of Fund of State Entity.

Section 9-15-83Proceeds from sale to be deposited to credit of fund of state entity. Whenever any real property is sold or leased under this article, the proceeds from the sale, less the expenses of the sale or lease, shall be deposited to the credit of the fund of the state department, commission, board, bureau, institution, corporation, or agency which offered the real property for sale. (Acts 1995, No. 95-280, p. 507, §14.)
AL Code § 9-15-84 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 3 - Sale or Lease of Certain Real Property by State.|Section 9-15-84 - Promulgation of Rules and Regulations.

Section 9-15-84Promulgation of rules and regulations. The Lands Division is authorized to promulgate such rules and regulations as may be necessary to implement the provisions of this article. (Acts 1995, No. 95-280, p. 507, §15.)
AL Code § 9-15-100 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 15 - Public Lands.|Article 4 - Disclosure of Information Concerning Purchase of Real Property With Public Funds.|Section 9-15-100 - Disclosure Requirements.

Section 9-15-100Disclosure requirements.  (a) The state, a county, a municipality, any other governmental entity, or any quasi-governmental entity, following the purchase of any real property with public funds for any reason, shall disclose information concerning the purchase within 60 days following the purchase. If the purchase is tied to a specific economic development project, disclosure is not required until 60 days following the announcement of the project. If the purchase is tied to an acquisition for public utility or public works purposes as a part of a single project or the acquisition of rights-of-way, disclosure is not required until 60 days following the acquisition of the last parcel of property needed for the particular public utility or public works project or right-of-way line for which the purchases are made. (b) The disclosure required by subsection (a) shall include appraisal information done on the property, any contracts related to the purchase, all terms of the purchase, the sources of all funds used in the purchase, and any other related materials. The required disclosure of appraisal information shall be limited to the property identification, appraiser identification, date of appraisal, and the appraised valued. (c) The disclosure required by subsection (a) shall be made via a report available to the public, shall be attached to the minutes for the next scheduled meeting of the body following the purchase, and, if the body maintains a website, shall be published on the website in a manner conspicuous to the public. (d) The disclosures required by this section are not necessary if the decision to purchase the property is made at an open meeting of the purchasing entity for which advance notice was given as required by law and the minutes of that meeting include all of the information required by subsection (b). (Act 2014-133, p. 248, §1.)
AL Code § 9-16-1 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 1 - Surface Mining Reclamation Generally.|Section 9-16-1 - Short Title.

Section 9-16-1Short title. This article shall be known and may be cited as the "Alabama Surface Mining Act of 1969." (Acts 1969, No. 399, p. 773, §1.)
AL Code § 9-16-1.1 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 1 - Surface Mining Reclamation Generally.|Section 9-16-1.1 - Legislative Findings.

Section 9-16-1.1Legislative findings. (a) The Alabama Legislature has found and determined the following: (1) A 1991 United States Department of the Interior audit report warned that the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately laying waste to mined land rather than restoring it. (2) The standards for coal mining reclamation have improved dramatically over the last 25 years. (3) The citizens of Alabama are endangered by unreclaimed highwalls, water impoundments, and open pits. (b) In view of these findings, the Legislature deems it necessary to deny the issuance of surface mine permits to operators who have demonstrated a pattern of willfully violating the mining law, and to improve environmental controls by requiring that highwalls be backfilled after mining. (Act 99-579, p. 1307, §1.)
AL Code § 9-16-3 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 1 - Surface Mining Reclamation Generally.|Section 9-16-3 - Purpose of Article.

Section 9-16-3Purpose of article. The objective of this article is to provide for the safe and reasonable reclamation of lands upon which surface disturbances will be created by certain types of surface mining so as to protect the taxable value of property and preserve natural resources within the state and to protect and promote the health and safety of the people of this state, consistent with the protection of physical property and with maximum employment and the economic and industrial well-being of the state. (Acts 1969, No. 399, p. 773, §2.)
AL Code § 9-16-4 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 1 - Surface Mining Reclamation Generally.|Section 9-16-4 - Permit for Engaging in Surface Mining Operations - Required; Exemptions; Applicability.

Section 9-16-4Permit for engaging in surface mining operations - Required; exemptions; applicability. (a) No operator shall engage in any surface mining, as defined in this article, after October 1, 1970, without a valid permit from the department to engage in the surface mining. A separate permit shall be required for each such surface mining operation that is not contiguous to a surface mining operation for which the operator has a valid permit. (b) Notwithstanding anything to the contrary, this chapter shall not apply to surface mining to extract materials for the use and benefit of the owner of the property being mined or of an interest therein, the lessee of the property or a charitable institution or organization or governmental entity and not for commercial sale. This exemption shall apply to all mining operations which meet the requirements set forth in this section, including those mining operations for which permits had been issued prior to October 1, 1997. Any permits for exempt mining operations issued prior to October 1, 1997, shall become null and void on October 1, 1997. Upon notification of the department by the holder of such a null and void permit that their mining operation meets the requirements set forth herein, the department shall return any bond provided pursuant to this article within 30 days of receipt by the department of said notification. (c) Notwithstanding anything to the contrary, this chapter shall not apply to surface mining where the area from which overburden is removed together with the area upon which removed overburden is placed does not exceed one acre, not including previously mined areas wherein the placement of removed overburden operates to reclaim the previously mined area. (d) The provisions of this chapter shall not apply to surface mining operations existing on October 1, 1997, or which may be established or initiated in the future for the extraction of non-fuel minerals to be sold exclusively to county or municipal governments or to be sold by or to a public utility or any parent, subsidiary, or affiliate of a public utility. (e) The provisions of this chapter shall not apply to extraction of non-fuel minerals as an incidental part of the operations and closure of a public or private landfill permitted and regulated by the United States government or the Alabama Department of Environmental Management, for coalbed methane or for oil and gas exploration activities, or for public utility purposes or activities including specifically any activities in connection with the generation, transmission, or distribution of electric power. (Acts 1969, No. 399, p. 773, §4; Acts 1995, No. 95-737, p. 1576, §1; Acts 1997, No. 97-641, p. 1171, §1.)
AL Code § 9-16-5 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 1 - Surface Mining Reclamation Generally.|Section 9-16-5 - Permit for Engaging in Surface Mining Operations - Application; Issuance.

Section 9-16-5Permit for engaging in surface mining operations - Application; issuance. (a) Any operator desiring a permit shall file an application with the department upon a form furnished by the department containing all of the following: (1) A brief description of the tract or tracts of land and the estimated number of acres to be affected by the applicant's surface mining thereon during the permit period. The description shall include the section, township, range, and county in which the land is located and shall otherwise describe the land with sufficient clarity so it may be located and distinguished from other lands. The description shall also include a description of access to the area from the nearest public highway (2) A statement by the applicant that the applicant has the right and power by legal estate owned to mine by surface mining the land so described. The statement shall set forth by reference the source of the applicant's right and power to so mine. (3) A statement as to whether the applicant or any person, partnership, or corporation associated with the applicant holds or has held any other permits under this article and an identification of the permits. (4) The post office address of the applicant. (5) A comprehensive reclamation plan by the applicant of the manner in which the applicant intends to conduct reclamation of the affected land. (6) Any other information determined by the department to be necessary in determining whether a permit should be issued. (b) The application shall be accompanied by a bond or security meeting the requirements of Section 9-16-8 and a filing fee of two hundred fifty dollars ($250).  (c) Upon the basis of a complete surface mining application and reclamation plan or a revision or renewal thereof, the department shall grant, require modification of, or deny the permit within 30 days and notify the applicant in writing of its action. The department may deny a permit if: (1) The information contained in the application is incomplete, false, or inaccurate. (2) The applicant fails to submit a feasible reclamation plan. (3) The applicant, or the operator specified in the application, controls or has controlled a mining operation with a demonstrated pattern of willful violations of this article. (4) The applicant, or the operator specified in the application, has forfeited a bond for failure to reclaim under this article at any time after September 1, 1999. (d) A permit issued by the department shall entitle the applicant to immediately engage in surface mining on the land described in the application for the permit period, provided that all other permits required under other statutes have been obtained. (Acts 1969, No. 399, p. 773, §5; Act 99-579, p. 1307, §2.)
AL Code § 9-16-6 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 1 - Surface Mining Reclamation Generally.|Section 9-16-6 - Permit for Engaging in Surface Mining Operations - Amendments.

Section 9-16-6Permit for engaging in surface mining operations - Amendments. (a) An operator desiring to amend a permit issued to him to include additional land may file an amended application with the department. Upon receipt of the amended application, such increase in the bond or surety as may be required under the provisions of this article and payment of a $50.00 fee, the department shall issue an amendment to the original permit covering the additional land described in the amended application for the period of time remaining in the original permit. (b) An operator desiring to amend a permit issued to him to withdraw land covered by such permit may file an amended application with the department. Upon receipt of the amended application and upon verification by inspection that the land to be withdrawn is not affected land resulting from surface mining of the applicant, the department shall proportionately reduce the bond or the security filed by the applicant pursuant to the provisions of this article and shall issue an amended permit covering such land as has not been withdrawn. (Acts 1969, No. 399, p. 773, §6.)
AL Code § 9-16-9 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 1 - Surface Mining Reclamation Generally.|Section 9-16-9 - Right of Entry Upon Lands for Inspections as to Compliance With Provisions of Article.

Section 9-16-9Right of entry upon lands for inspections as to compliance with provisions of article. Inspectors of the department may enter upon the lands of the landowner at any reasonable time for the purpose of inspection to determine whether the provisions of this article have been complied with. (Acts 1969, No. 399, p. 773, §8.)
AL Code § 9-16-11 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 1 - Surface Mining Reclamation Generally.|Section 9-16-11 - Enforcement of Provisions of Article - Institution of Civil Action for Enforcement of Final Order of Director; Engaging in Surface Mining Without Valid Permit; Willful Misrepresentations, etc., in Applications; Rights of Exception and Appeal.

Section 9-16-11Enforcement of provisions of article - Institution of civil action for enforcement of final order of director; engaging in surface mining without valid permit; willful misrepresentations, etc., in applications; rights of exception and appeal. (a) Should the director determine that any final order or determination made by him, not then the subject of judicial review, is being violated by any operator, then the director may cause to have instituted a civil action in any court of competent jurisdiction to forfeit the bond of the operator as to land affected by the operator's violation of this article or for injunctive or other appropriate relief to prevent any further or continued violation of such final order or determination. (b) Any person required by this article to have a permit who engages in surface mining without a valid permit to do so as prescribed by this article shall be deemed guilty of a violation of this article and, upon complaint made by the director in a court of competent jurisdiction and conviction thereof, shall be fined not less than $500.00 nor more than $5,000.00 and shall be required to post a bond or surety as provided in Section 9-16-7 and to reclaim the affected land resulting from the operator's surface mining without a permit in accordance with the requirements of Section 9-16-7. (c) Any person who willfully misrepresents any fact or willfully gives false information in any application or report under this article shall be fined not less than $100.00 nor more than $500.00 for each offense. (d) The parties shall have all rights of exception and appeal. (Acts 1969, No. 399, p. 773, §11.)