reglab/housing_qa huggingface dataset:
AL Code § 9-9-47 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-47 - Construction of Improvements Crossing Railroad Right-of-Way.

Section 9-9-47Construction of improvements crossing railroad right-of-way. After a district has let a contract for work which crosses or traverses a railway right-of-way and the actual construction is commenced, the engineer in charge of construction shall notify the railroad company of the probable time at which the contractor will be ready to enter upon the right-of-way of said road and construct the work thereon. It shall be the duty of the said railroad to send a representative to view the ground with the engineer and arrange the exact time at which such work can be most conveniently done. At the time agreed upon, the said railroad company shall remove its rails, ties, stringers and such other obstructions as may be necessary to permit the excavation or construction of the channel or other work of improvement across its right-of-way. The work shall be so planned and conducted as to interfere in the least possible manner with the business of the said railroad. In case the railroad company refuses and fails to remove its track or tracks so as to permit the construction of the work on its right-of-way and the passage of the necessary equipment of the contractor, it shall be held as delaying the construction of the improvement, and such company shall be liable to a penalty of $100.00 per day for each day of delay to be collected by the board of water management commissioners for the benefit of the water management district as in case of other penalties. Such penalty may be recovered in any court of competent jurisdiction and shall inure to the benefit of the water management district. Within 30 days after work is completed, an itemized bill for the actual expenses incurred by the railroad company for opening its tracks shall be made and presented to the engineer of the water management district. Such bills, however, shall not include the cost of constructing a new bridge or of strengthening or enlarging an old one except as provided in this article. The engineer shall audit this bill and, if found correct, approve the same and file it with the secretary of the board of water management commissioners who shall reimburse the said railroad company for such expense. (Acts 1965, No. 685, p. 1246, §40.)
AL Code § 9-9-48 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-48 - Control and Supervision of Completed Improvements; Annual Tax for Repairs and Maintenance; Payment of Costs of Repairs and Maintenance; Injury, Damage or Obstruction of Improvements.

Section 9-9-48Control and supervision of completed improvements; annual tax for repairs and maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction of improvements. Whenever any improvement constructed under this article is completed, it shall be under the control and supervision of the board of water management commissioners. It shall be the duty of said board to maintain the levees, ditches, drains, watercourses, floodwater retarding structures and any other improvements in good repair, and for this purpose the board of water management commissioners may annually levy a tax on the lands benefited by the construction of such improvement in the same manner as other water management taxes are levied, not to exceed 10 percent of the assessed benefits in any one year, and the fund that is collected shall be used for repairing and maintaining the ditches, drains, watercourses, floodwater retarding structures and other improvements in perfect order; provided, however, that if any repairs are made necessary by the act of negligence of the owner of any land through which such improvement is constructed or by the act of negligence of his agent, tenant or employee or if the same is caused by the cattle, hogs or other livestock of said owner, tenant, employee or agent, then the cost thereof shall be assessed and levied against the lands of the owner alone to be collected by proper civil action instituted by the water management commissioners; provided further, that when it shall become necessary to repair any railroad bridge or construct a new railroad bridge by reason of enlarging any watercourse or of excavating any canal intersection or by reason of wear and tear and natural deterioration of such bridge or structure, such repairs, maintenance and improvement shall be made at the expense of the said railroad. It shall be unlawful for any person to injure or damage or obstruct any improvements constructed under the provisions of this article without securing the prior written consent of the board of water management commissioners, and any person causing any injury, damage or obstruction or building any bridge, fence or floodgate without the consent of the board of water management commissioners shall be deemed guilty of a misdemeanor. (Acts 1965, No. 685, p. 1246, §41.)
AL Code § 9-9-49 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-49 - Rights of Landowners as to Use of Drains, Watercourses, etc., as Outlets for Lateral Drains From Lands.

Section 9-9-49Rights of landowners as to use of drains, watercourses, etc., as outlets for lateral drains from lands. The owner of any land that has been assessed for the cost of the construction of any ditch, drain, watercourse or other improvement as provided in this article shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land; and, if said land is separated from the ditch, drain, watercourse or other drainage improvement by the land of another or others and the owner thereof shall be unable to agree with said other or others as to the terms and conditions on which he may enter their lands and construct said drain or ditch, he may petition to condemn the same and the same proceeding shall be had as in cases of condemnation under the right of eminent domain. When the drain is constructed it shall become a part of the drainage system and shall be under the control of the board of water management commissioners and be kept in repair by the board as provided in this article. (Acts 1965, No. 685, p. 1246, §42.)
AL Code § 9-9-50 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-50 - Annexation of Land to District.

Section 9-9-50Annexation of land to district. Any body of land, however large, contiguous or adjacent to a water management district organized under this article may be annexed thereto and made a part thereof, the same as if originally included therein, upon petition of one third or more of the landowners owning 50 percent or more in acreage of the real property to be annexed or upon the petition of one half or more of the owners of the real property to be annexed owning more than one third of the area to be annexed. Such petition and all the proceedings relative thereto shall conform as nearly as may be with the provisions of this article for the filing of the petition for the organization of a water management district and shall be filed with the court of probate having jurisdiction over the district to which annexation is sought. Upon filing of such petition, the court shall direct the board of water management commissioners of said district to cause surveys and a report to be made by the district engineer or other competent authority as to whether or not the purposes of the petition for annexation can be accomplished and in what manner the works and property of the existing district would be affected and to file the report together with the recommendations of the board of water management commissioners thereon with the court of probate. Upon the filing of the report by the board of water management commissioners, notice shall be given by the court of probate as for a hearing of a petition for the organization of a district. Upon such hearing, if the court shall find that it will be for the public health, convenience or welfare to annex said lands and to carry out the purposes of the petition, it shall so order, and thereafter the land so annexed shall be considered and made a part of said district, and the board of water management commissioners shall provide for the treatment of the annexed lands by the improvement contemplated in the plan of water management or amendments thereto; provided, that if at this hearing objections to the proposed annexation shall be made by the owners of the land, either within the original boundaries of the district or within the tract proposed to be annexed, representing, respectively, one third of the landowners owning a majority of the acres or a majority of the landowners owning one third of the acres, it shall be the duty of the court to dismiss the petition for annexation and to levy an acre tax upon the lands described in the petition for annexation to reimburse the board of water management commissioners of said district for all expenses incurred in connection with the proceedings therefor. Such taxes when collected shall be delivered to the board of water management commissioners of said district. (Acts 1965, No. 685, p. 1246, §44.)
AL Code § 9-9-51 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-51 - Organization of District Over Lands of Watershed Conservancy District.

Section 9-9-51Organization of district over lands of watershed conservancy district. A water management district may be organized over the whole or any part of the lands covered by an existing watershed conservancy district organized under Sections 9-8-50 through 9-8-67; provided that: (1) The soil and water conservation district supervisors and the directors of the watershed conservancy district concerned file no objection to the organization; and (2) The water management district assumes any outstanding obligations and responsibilities of the watershed conservancy district. When such water management district is established, it will supersede the watershed conservancy district, and the watershed conservancy district or that portion of the watershed conservancy district involved shall be dissolved and shall no longer be in effect over the area covered by the water management district. (Acts 1965, No. 685, p. 1246, §46.)
AL Code § 9-9-52 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-52 - Organization of District Not to Preclude Inclusion of Lands in Another District, Etc.

Section 9-9-52Organization of district not to preclude inclusion of lands in another district, etc. The organization of any district or subdistrict under the provisions of this article shall not be construed to prevent inclusion of a whole or any part of the lands of any such district in another district and the taxing of such land to whatever extent the plan of water management may benefit such lands; provided, that due credit shall be given in the adjustment of benefits and damages for the benefits received from any existing works which may form a part of the plan of water management of such other district. (Acts 1965, No. 685, p. 1246, §45.)
AL Code § 9-9-53 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-53 - Joint Works of Improvement With Adjoining States.

Section 9-9-53Joint works of improvement with adjoining states. Whenever it may be desirable to construct, widen, deepen, straighten or otherwise change any ditch, drain, watercourse, floodwater retarding structure, levee or other works of improvement lying on or along, across or near the boundary line between the State of Alabama and an adjoining state or whenever it may be desirable to construct, repair or improve any works of improvement as provided for in this article, which ditch, drain, watercourse, floodwater retarding structure or other works of improvement cannot be constructed, repaired or improved in the best manner without affecting lands in such adjoining state, the board of water management commissioners of the district in which such work is located shall have authority to join with the proper officers of such adjacent county or counties or districts of other states in the construction, widening, deepening, straightening, repairing or improving of any such drain, ditch, watercourse, floodwater retarding structure or other works of improvement. Such water management commissioners of any district of this state are hereby given power jointly to enter into contracts with the proper officers of such county or counties or districts in adjoining states to construct, repair or improve any such works of improvement, each to pay such proportion of costs and expenses of the work as the contracting officials shall deem just. Such works of improvement shall be made on petition, as provided for in this article, and the provisions of this article, as far as applicable, shall govern the water management commissioners and other officers of this state in relation to such joint works of improvement. (Acts 1965, No. 685, p. 1246, §47.)
AL Code § 9-9-54 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-54 - Procedure as to Warrants Not Paid Because of Lack of Funds.

Section 9-9-54Procedure as to warrants not paid because of lack of funds. Any warrant issued under this article that is not paid when presented to the treasurer of the district because of lack of funds in the treasury shall be endorsed on the back of said warrant "not paid for lack of funds." Such warrant shall draw interest thereafter at the rate of six percent per annum until such time as there is money in hand to pay the amount of such warrant and the interest then accumulated. The treasurer shall list such warrants in the order in which they are presented and reserve the funds that may be collected for the payment thereof to be applied to the retirement of the warrants in such order. No such warrant shall draw interest after the time when sufficient funds are in the hands of the treasurer to pay such endorsed warrant and interest. (Acts 1965, No. 685, p. 1246, §53.)
AL Code § 9-9-55 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-55 - Correction of Errors in Court Proceedings, Etc.

Section 9-9-55Correction of errors in court proceedings, etc. The board of water management commissioners may petition the court; and, upon a proper showing, the court shall correct errors or omissions that may have occurred in any proceedings or decrees in relation to any district organized under this article; provided, that notice by publication as provided in this article shall be given to any person whose lands are affected by such proposed correction and that no other person or property shall be affected by such proceeding. (Acts 1965, No. 685, p. 1246, §43.)
AL Code § 9-9-56 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-56 - Drainage Districts to Continue and Be Known as Water Management Districts; Petition Requesting Additional Powers; Notice to Landowners and Proceedings.

Section 9-9-56Drainage districts to continue and be known as water management districts; petition requesting additional powers; notice to landowners and proceedings. All drainage districts created under Title 2, Sections 208 through 262 of the 1940 Alabama Code, shall be known as water management districts and shall continue to carry out their drainage purposes under this article. In order for such existing districts to exercise the additional powers granted by this article, the commissioners of the districts must file a petition in the probate court requesting such additional powers. Proper notice must be given to landowners in the same manner as in the first instance of the creation of the district, and all other proceedings must be conducted insofar as possible in accordance with the procedures set forth for determining whether or not the district will be created in the first instance. (Acts 1965, No. 685, p. 1246, §57.)
AL Code § 9-9-57 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-57 - Dissolution.

Section 9-9-57Dissolution. Any district organized under this article may be dissolved by the court of probate having jurisdiction thereof whenever it shall appear to said court that the works thereof need no further care or maintenance to preserve their efficiency and usefulness, that the maintenance of the works are not further conducive to the public health, convenience or welfare and that all obligations of such district have been liquidated and fulfilled; provided, that the court shall not consider the dissolution of any district except upon the petition of two thirds of the owners of real property owning not less than two thirds of the area taxed. Upon the filing of such petition, the same notice shall be served and the same opportunity shall be given for objections to the dissolution of the district as provided in this article upon the filing of a petition for the organization of a district. (Acts 1965, No. 685, p. 1246, §58.)
AL Code § 9-9-58 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 1 - Water Management Districts.|Section 9-9-58 - Construction of Article; Effect of Defect in Proceedings Upon Collection of Assessment; Remedies Provided in Article Exclusive.

Section 9-9-58Construction of article; effect of defect in proceedings upon collection of assessment; remedies provided in article exclusive. The provisions of this article shall be liberally construed to promote the storing of beneficial water, leveeing, ditching, draining and otherwise to provide protection from flooding of wet and overflowed lands, and for flood prevention or the conservation, development, utilization and disposal of water. The collection of the assessment shall not be defeated, when the proper notices have been given, by reason of any defect in the proceedings occurring prior to the order of the court confirming the final report of the viewers, but such order or orders shall be conclusive and final evidence that all prior proceedings were regular and according to law, unless they were appealed from. If on appeal the court shall deem it just and proper to release any person or to modify his assessment or liability, it shall in no manner affect the rights and legality of any person other than the appellant, and the failure to appeal from the order of the court within the time specified shall be a waiver of any illegality in the proceedings, and the remedies provided for in this article shall exclude all other remedies. (Acts 1965, No. 685, p. 1246, §56.)
AL Code § 9-9-70 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-70 - Definitions.

Section 9-9-70Definitions. Whenever used in this article, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (1) COMMISSION. The county commission with the judge of probate as chairman. (2) CHAIRMAN. The judge of probate acting as chairman of the county commission. (3) SUBDISTRICT. A drainage subdistrict. (4) ENGINEER. The agricultural engineer of the Alabama Extension Service. (Acts 1936, Ex. Sess., No. 127, p. 83, §2; Code 1940, T. 2, §263.)
AL Code § 9-9-71 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-71 - Declaration of Benefits of Drainage, etc.; Declaration of Public Policy.

Section 9-9-71Declaration of benefits of drainage, etc.; declaration of public policy. The establishing of proper control of surface waters upon the agricultural lands of the state through proper distribution and holding of said waters upon said land, the prevention of increased areas of wet, swamp or overflow lands through control of soil erosion and the filling of natural and artificial drains and the establishing of systems for the proper distribution and control of waters which, when uncontrolled, become overflow waters and the elimination of overflow lands are declared to be in promotion of the public health, in aid of agriculture and in interest of the general welfare and public convenience. Such work is also declared to be a necessary and publicly convenient part of or aid to the execution of the powers of the state contained in Amendments 15 and 22 to the constitution. It is further declared to be the adopted public policy of the state to cooperate with persons desiring to develop systems for such purposes and to aid and advise in such development and to provide for the economical and orderly organization of subdistricts for such purposes. (1936, Ex. Sess., No. 127, p. 83, §3; Code 1940, T. 2, §264.)
AL Code § 9-9-72 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-72 - Counties Declared Drainage Districts; County Commission to Act as and Exercise Powers of Drainage or Water Management Commissioners.

Section 9-9-72Counties declared drainage districts; county commission to act as and exercise powers of drainage or water management commissioners. For the purpose heretofore expressed and the execution of the powers provided in this article, each county of the state is hereby declared to be and is hereby created a drainage district. The county commission with the judge of probate as chairman shall act as and exercise the powers of a board of drainage commissioners, or board of water management commissioners, and shall have control of the affairs of the district. This shall in no way affect drainage districts or water management districts organized under Title 2, Sections 208 through 262 of the 1940 Alabama Code or water management districts organized under Sections 9-9-1 through 9-9-58. (Acts 1936, Ex. Sess., No. 127, p. 83, §4; Code 1940, T. 2, §265.)