reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-19 - Appeal From Assessment of Damages to Circuit Court.

Section 18-2-19
Appeal from assessment of damages to circuit court.
From any assessment of damages made or had under this chapter, the landowner, if dissatisfied, is entitled to an appeal, as matter of right, to the circuit court of the county, and on such an appeal to a trial de novo by jury, such appeal to be taken within 20 days after the application is granted, on giving security for the costs of the appeal, to be approved by the judge of probate. Upon the giving of such security, the judge of probate must file in the office of the clerk of the circuit court a full and complete transcript of all the proceedings, including the inquest of the jury, within 10 days after such appeal is taken.
(Code 1886, §3206; Code 1896, §1748; Code 1907, §3909; Code 1923, §7528; Code 1940, T. 19, §54.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-20 - Deputy May Perform Duties of Sheriff.

Section 18-2-20
Deputy may perform duties of sheriff.
The duties imposed on the sheriff under this chapter may be performed by a deputy.
(Code 1852, §2115; Code 1867, §2507; Code 1876, §3578; Code 1886, §3204; Code 1896, §1746; Code 1907, §3907; Code 1923, §7526; Code 1940, T. 19, §52.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators. › Section 18-2-21 - Provisions as to Rate of Toll, etc., Applicable to Gristmills Established Pursuant to Chapter.

Section 18-2-21
Provisions as to rate of toll, etc., applicable to gristmills established pursuant to chapter.
All gristmills established in pursuance of this chapter are subject to the provisions of this Code touching the order in which grain shall be ground and the rate of toll to be charged for grinding grain at public mills.
(Code 1867, §2508; Code 1876, §3579; Code 1886, §3205; Code 1896, §1747; Code 1907, §3908; Code 1923, §7527; Code 1940, T. 19, §53.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 3 - Acquisition of Rights-of-Way by Private Parties. › Article 1 - Right-of-Way to Public Road or Highway. › Section 18-3-1 - Acquisition; Width.

Section 18-3-1
Acquisition; width.
The owner of any tract or body of land, no part of which tract or body of land is adjacent or contiguous to any public road or highway, shall have and may acquire a convenient right-of-way, not exceeding in width 30 feet, over the lands intervening and lying between such tract or body of land and the public road nearest or most convenient thereto provided written approval is obtained from the municipal government and the planning board of such municipality.
(Acts 1919, No. 679, p. 982; Code 1923, §7529; Code 1940, T. 19, §56; Acts 1957, No. 537, p. 759; Acts 1982, 2nd Ex. Sess., No. 82-784, p. 288.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 3 - Acquisition of Rights-of-Way by Private Parties. › Article 1 - Right-of-Way to Public Road or Highway. › Section 18-3-2 - Right-of-Way Through Yard, Garden, Orchard, etc.; Payment of Compensation and Damages for Right-of-Way.

Section 18-3-2
Right-of-way through yard, garden, orchard, etc.; payment of compensation and damages for right-of-way.
In the establishment and condemnation of such right-of-way, no road or right-of-way shall be established through any person's yard, garden, orchard, stable lot, stable, gin house or curtilage without the consent of the owner; and the applicant must pay the owner for the value of the land taken and compensation for damage to the land, through which said right-of-way is established, resulting from the establishment of such road or right-of-way.
(Acts 1919, No. 679, p. 982; Code 1923, §7530; Code 1940, T. 19, §57.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 3 - Acquisition of Rights-of-Way by Private Parties. › Article 1 - Right-of-Way to Public Road or Highway. › Section 18-3-3 - Application to Probate Court.

Section 18-3-3
Application to probate court.
The right conferred by this article shall be exercised by application to the probate court of the county in which the lands over which such right-of-way is desired, or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1 of this title.
(Acts 1919, No. 679, p. 982; Code 1923, §7531; Code 1940, T. 19, §58.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 3 - Acquisition of Rights-of-Way by Private Parties. › Article 2 - Right-of-Way to Certain Cemeteries or Graveyards. › Section 18-3-20 - Acquisition; Width.

Section 18-3-20
Acquisition; width.
Where a cemetery or graveyard has been used by the public as a place for burying the dead for 20 years or more and no part of said cemetery or graveyard is adjacent or contiguous to any public road or highway, any person who has, or any persons who have, relatives or relations buried in said cemetery or graveyard shall have the right to acquire and may acquire a convenient right-of-way, not exceeding in width 15 feet, over the lands intervening and lying between such cemetery or graveyard or body of land on which the same is situated and the public road or highway nearest or most convenient thereto.
(Acts 1927, No. 475, p. 520; Code 1940, T. 19, §59.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 3 - Acquisition of Rights-of-Way by Private Parties. › Article 2 - Right-of-Way to Certain Cemeteries or Graveyards. › Section 18-3-21 - Right-of-Way Through Yard, Garden, Orchard, etc.; Payment of Compensation and Damages for Right-of-Way.

Section 18-3-21
Right-of-way through yard, garden, orchard, etc.; payment of compensation and damages for right-of-way.
In the establishment and condemnation of such right-of-way, no road or right-of-way shall be established through any person's yard, garden, orchard, stable lot, stable, gin house or curtilage without the consent of the owner; and the applicant must pay the owner for the value of the land taken and compensation for damage to the land, through which said right-of-way is established, resulting from the establishment of such road or right-of-way.
(Acts 1927, No. 475, p. 520; Code 1940, T. 19, §60.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 3 - Acquisition of Rights-of-Way by Private Parties. › Article 2 - Right-of-Way to Certain Cemeteries or Graveyards. › Section 18-3-22 - Application to Probate Court.

Section 18-3-22
Application to probate court.
The right conferred by this article shall be exercised by application to the probate court of the county in which the lands over which such right-of-way is desired, or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands for public uses as provided by Chapter 1A of this title.
(Acts 1927, No. 475, p. 520; Code 1940, T. 19, §55.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-1 - Short Title.

Section 18-4-1
Short title.
This chapter may be cited as the Alabama Relocation Assistance and Real Property Acquisition Policies Act of 1999.
(Act 99-582, p. 1318, §1.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-2 - Definitions.

Section 18-4-2
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) COMPARABLE REPLACEMENT DWELLING. Any dwelling that is decent, safe, and sanitary; adequate in size to accommodate the occupants; within the financial means of the displaced person; functionally equivalent; in an area not subject to unreasonable adverse environmental conditions; and in a location generally not less desirable than the location of the dwelling of a displaced person with respect to public utilities, facilities, services, and the place of employment of a displaced person.
(2) DISPLACED PERSON.
a. Any person who moves from a dwelling on real property or moves his or her personal property from a dwelling on real property as a direct result of a written notice of intent to acquire or the acquisition of the real property, in whole or in part, for any program or project undertaken by a state agency, or other displacing activity as the state agency may prescribe, under a program or project undertaken by the state agency in any case in which the state agency determines that the displacement is permanent.
b. The term "displaced person" does not include a person who has been determined, according to criteria established by the state agency, to be either in unlawful occupancy of the displacement dwelling or to have occupied the dwelling for the purpose of obtaining assistance under this chapter, or in any case which the state agency acquires property for a program or project, any person, other than a person who was an occupant of the property at the time it was acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.
(3) MORTGAGE. The classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured by the mortgage.
(4) PERSON. An individual, partnership, corporation, or association.
(5) STATE AGENCY. Any permanent or temporary state office, department, division or unit, bureau, board, commission, authority, institution, state college or university, or other unit of state government, whether executive, legislative, or judicial, which has the authority to acquire property by eminent domain under state law and which carries out projects with federal or state financial assistance that cause people to be displaced, but shall not include any unit of local government.
(Act 99-582, p. 1318, §2.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-3 - Legislative Intent.

Section 18-4-3
Legislative intent.
(a) The Legislature declares that this chapter shall be applicable only to the acquisition of real property owned and occupied by the owner as a residence by any state agency for use in projects or programs in which federal or state funds are used; except that for the purposes of this chapter, federal guarantees or insurance shall not be deemed to be federal funds. This chapter shall not apply to acquisitions by a state agency which are voluntarily initiated or negotiated by the seller under no threat of condemnation.
(b) The Legislature further declares the following:
(1) The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced from their residences as a result of programs or projects involving the acquisition of real property by any state agency. In order that the persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole, the policy shall be uniform as to relocation payments, advisory assistance, and assurances of availability of housing.
(2) It shall be the policy of the state to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many programs, and to promote public confidence in land acquisition practices.
(Act 99-582, p. 1318, §§3, 4.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-4 - Payment of Relocation Expenses.

Section 18-4-4
Payment of relocation expenses.
(a) Whenever the acquisition of real property for a program or project undertaken by a state agency will result in the displacement of any person, the agency shall make fair and reasonable relocation payments to displaced persons as required by this chapter for the actual reasonable expenses in moving himself or herself or his or her family or personal property.
(b) This chapter shall not apply to the Alabama Department of Transportation if the department is required to provide relocation assistance pursuant to Sections 23-1-210, 23-1-211, and 23-1-212.
(Act 99-582, p. 1318, §5.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-5 - Additional Payments - Dwelling Occupied at Least 180 Days.

Section 18-4-5
Additional payments - Dwelling occupied at least 180 days.
(a) In addition to payments otherwise authorized by this chapter, the state agency shall make an additional payment not in excess of twenty-two thousand five hundred dollars ($22,500) to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the property. The additional payment shall include the following:
(1) The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the state agency, equals the reasonable cost of a comparable replacement dwelling.
(2) The amount, if any, which will compensate a displaced person for any increased interest costs and other debt service costs which the displaced person is required to pay for financing the acquisition of any comparable replacement dwelling. The amount for any increased interest or debt service costs shall be determined in accordance with the criteria established by the state agency. The amount shall be paid only if the dwelling acquired by the state agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling.
(3) Reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
(b) The additional payment authorized by subsection (a) shall be made only to a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one-year period beginning on the date on which he or she receives final payment of all costs for the acquired dwelling, or the date on which the state agency obligation under Section 18-4-12 is met, whichever is the later date, except that the state agency may extend the period for good cause. If the period is extended, the payment under this section shall be based on the cost of relocating the person to a comparable replacement dwelling within one year of the date.
(Act 99-582, p. 1318, §6.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-6 - Additional Payments - Dwelling Occupied at Least 90 Days.

Section 18-4-6
Additional payments - Dwelling occupied at least 90 days.
(a) In addition to amounts otherwise authorized by this chapter, a state agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under Section 18-4-5 which dwelling was actually and lawfully occupied by the displaced person for not less than 90 days immediately prior to the initiation of negotiations for acquisition of the dwelling, or in any case in which displacement is not a direct result of acquisition, or other event as the agency shall prescribe. The payment shall consist of the amount necessary to enable a displaced person to lease or rent, for a period not to exceed 42 months, a comparable replacement dwelling, but not to exceed five thousand two hundred fifty dollars ($5,250).
(b) Any displaced person eligible for a payment under subsection (a) may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. Any person may, at the discretion of the state agency, be eligible under this subsection for the maximum payment allowed under subsection (a) except that in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment shall not exceed the payment the person would otherwise have received under Section 18-4-5 had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of the negotiations.
(Act 99-582, p. 1318, §7.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-7 - Relocation Assistance Advisory Programs.

Section 18-4-7
Relocation assistance advisory programs.
(a) Programs or projects undertaken by a state agency shall be planned in a manner that recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, and provides for the resolution of the problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
(b) The agency shall ensure that the relocation assistance advisory services described in subsection (c) are made available to all persons displaced by the agency. If the state agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer the person relocation advisory services under the program.
(c) Each relocation assistance advisory program required by subsections (a) and (b) shall include measures, facilities, or services necessary or appropriate in order to do the following:
(1) Determine, and make timely recommendations on, the need and preferences, if any, of displaced persons, for relocation assistance.
(2) Assure that, within a reasonable period of time, prior to displacement there will be available a comparable replacement dwelling.
(3) Supply information concerning federal and state housing programs, disaster loan programs, and other federal or state programs offering assistance to displaced persons.
(4) Provide other advisory services to displaced persons in order to minimize hardships to the person in adjusting to relocation.
(d) The heads of state agencies shall coordinate relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of relocation assistance programs.
(Act 99-582, p. 1318, §8.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-8 - Administration of Programs.

Section 18-4-8
Administration of programs.
In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, a state agency may enter into contracts with any individual, firm, association, or corporation for service in connection with the programs, or may carry out its functions under this chapter through any federal or state agency or instrumentality having an established organization for conducting relocation assistance programs.
(Act 99-582, p. 1318, §9.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-9 - Use of Funds.

Section 18-4-9
Use of funds.
Funds appropriated or otherwise available to any state agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program or project.
(Act 99-582, p. 1318, §10.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-10 - Displaced Person.

Section 18-4-10
Displaced person.
A displaced person who moves from his or her dwelling as the direct result of federally assisted building or other similar federally assisted code enforcement activities, or a program of rehabilitation or demolition of buildings conducted pursuant to a federally assisted governmental program, is deemed to be a displaced person for the purposes of this chapter.
(Act 99-582, p. 1318, §11.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-11 - Payments Not Treated as Income.

Section 18-4-11
Payments not treated as income.
No payment received by a displaced person under this chapter shall be considered as income or resources for the purposes of determining the eligibility or extent of eligibility of any person for assistance under any state law, or for the purposes of the personal income tax law, corporation tax law, or other tax laws of the state. The payments shall not be considered as income or resources of any recipient of public assistance and the payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
(Act 99-582, p. 1318, §12.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-12 - Availability of Replacement Housing.

Section 18-4-12
Availability of replacement housing.
(a) If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and it is determined by the acquiring agency that housing cannot otherwise be made available to the displaced person, the agency may take action necessary or appropriate to provide housing by use of funds authorized for the project.
(b) No displaced person shall be required to move from his or her dwelling on account of any project, unless the agency head is satisfied that replacement housing, in accordance with subdivision (2) of subsection (c) of Section 18-4-7, is available to the person.
(Act 99-582, p. 1318, §13.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-13 - Adjustment of Monetary Limits.

Section 18-4-13
Adjustment of monetary limits.
The monetary limits provided in Sections 18-4-4, 18-4-5, and 18-4-6 shall be adjusted to conform to future revisions of corresponding monetary benefits under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(Act 99-582, p. 1318, §14.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-15 - Reimbursement of Recording Fees, Transfer Taxes, Etc.

Section 18-4-15
Reimbursement of recording fees, transfer taxes, etc.
Any state agency requiring real property in connection with any program or project shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the state agency deems fair and reasonable, for expenses he or she necessarily incurred for recording fees, transfer taxes, expenses incidental to conveying the real property to the state agency, penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering the real property, the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the state agency, or the effective date of possession of the real property by the state agency, whichever is the earlier.
(Act 99-582, p. 1318, §16.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-16 - Expenses Incurred From Condemnation Proceedings.

Section 18-4-16
Expenses incurred from condemnation proceedings.
Where a condemnation proceeding is instituted by a state agency to acquire real property and the final judgment is that the real property cannot be acquired by condemnation, and the proceeding is abandoned, the owner of any right, title, or interest in real property shall be paid a sum that shall, in the opinion of the court, reimburse the owner for his or her reasonable costs, disbursements, and expenses including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings. The award of the sums will be paid by the state agency which sought to condemn the property.
(Act 99-582, p. 1318, §17.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-17 - Expenses Incurred From Declaratory Judgment Proceedings.

Section 18-4-17
Expenses incurred from declaratory judgment proceedings.
Where a declaratory judgment proceeding is instituted by the owner of any right, title, or interest in real property because of use of his or her property in any program or project undertaken by a state agency, the court, rendering a judgment for the plaintiff in the proceeding and awarding compensation for the taking of property, or the Attorney General effecting a settlement of any proceeding, shall determine and award or allow to a plaintiff, as a part of a judgment or settlement, a sum that shall, in the opinion of the court or the Attorney General, as the case may be, reimburse the plaintiff for his or her reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.
(Act 99-582, p. 1318, §18.)
2023 Code of Alabama › Title 18 - Eminent Domain. › Chapter 4 - Relocation Assistance and Real Property Acquisition. › Section 18-4-18 - Interest in Improvements on Acquired Real Property.

Section 18-4-18
Interest in improvements on acquired real property.
(a) To the greatest extent practicable, where an interest in real property is acquired, an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which is required to be removed from the real property which is determined to be adversely affected by the use to which the real property will be put shall be acquired.
(b) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired as above set forth, the building, structure, or other improvement shall be deemed to be a part of real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of his or her term, and the fair market value which the building, structure, or improvement contributes to the fair market value of the real property to be acquired or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
(c) Payment for the building, structures, or improvements as set forth above shall not result in duplication of any payments otherwise authorized by state law. No payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any payment, the tenant shall assign, transfer, and release all of his or her rights, title and interest in and to the improvements. Nothing with regard to the above mentioned acquisition of buildings, structures, or other improvements shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with other laws of the state.
(Act 99-582, p. 1318, §19.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-2 - Definitions.

Section 19-1-2
Definitions.
In this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings respectively ascribed to them by this section:
(1) BANK. Any person or association of persons, whether incorporated or not, carrying on the business of banking or trust company.
(2) FIDUCIARY. A trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer or any other person acting in a fiduciary capacity for any person, trust or estate.
(3) PERSON. Such term includes a corporation, partnership, or other association, or two or more persons having a joint or common interest.
(4) PRINCIPAL. Any person to whom a fiduciary as such owes an obligation.
(Acts 1943, No. 557, p. 544, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-3 - Application of Payments Made to Fiduciaries.

Section 19-1-3
Application of payments made to fiduciaries.
A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary.
(Acts 1943, No. 557, p. 544, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-4 - Transfer of Negotiable Instrument by Fiduciary.

Section 19-1-4
Transfer of negotiable instrument by fiduciary.
If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse such instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument.
(Acts 1943, No. 557, p. 544, §4.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-5 - Check Drawn by Fiduciary Payable to Third Person.

Section 19-1-5
Check drawn by fiduciary payable to third person.
If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in any transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument.
(Acts 1943, No. 557, p. 544, §5.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-6 - Check Drawn by and Payable to Fiduciary.

Section 19-1-6
Check drawn by and payable to fiduciary.
If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith.
(Acts 1943, No. 557, p. 544, §6.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-7 - Deposit in Name of Fiduciary as Such.

Section 19-1-7
Deposit in name of fiduciary as such.
If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
(Acts 1943, No. 557, p. 544, §7.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-8 - Deposit in Name of Principal.

Section 19-1-8
Deposit in name of principal.
If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
(Acts 1943, No. 557, p. 544, §8.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-9 - Deposit in Fiduciary's Personal Account.

Section 19-1-9
Deposit in fiduciary's personal account.
If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and indorsed by him, if he is empowered to indorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith.
(Acts 1943, No. 557, p. 544, §9.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-10 - Deposit in Names of Two or More Fiduciaries.

Section 19-1-10
Deposit in names of two or more fiduciaries.
When a deposit is made in a bank in the name of two or more persons as fiduciaries and a check is drawn upon the trust account by any fiduciary or fiduciaries authorized by the other fiduciary or fiduciaries to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such fiduciary or fiduciaries to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.
(Acts 1943, No. 557, p. 544, §10.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-11 - Chapter Not Retroactive.

Section 19-1-11
Chapter not retroactive.
The provisions of this chapter shall not apply to transactions taking place prior to July 7, 1943.
(Acts 1943, No. 557, p. 544, §11.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-12 - Cases Not Provided for in Chapter.

Section 19-1-12
Cases not provided for in chapter.
In any case not provided for in this chapter the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, fiduciaries, agency, negotiable instruments and banking, shall continue to apply.
(Acts 1943, No. 557, p. 544, §12.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1 - Uniform Fiduciaries Act. › Section 19-1-13 - Uniformity of Interpretation.

Section 19-1-13
Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
(Acts 1943, No. 557, p. 544, §13.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-1 - (Effective January 1, 2018) Short Title.

Section 19-1A-1
(Effective January 1, 2018) Short title.
This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-3 - (Effective January 1, 2018) Applicability.

Section 19-1A-3
(Effective January 1, 2018) Applicability.
(a) This chapter applies to:
(1) a fiduciary acting under a will or power of attorney executed before, on, or after October 1, 2016;
(2) a personal representative acting for a decedent who died before, on, or after October 1, 2016;
(3) a conservatorship proceeding commenced before, on, or after October 1, 2016; and
(4) a trustee acting under a trust created before, on, or after October 1, 2016.
(b) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
(c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business. Neither does this chapter apply to a digital asset, whether employer owned or otherwise, that an employee or contractor has stored on, housed on, maintained on, or transmitted to any software, program, hardware, system, account, drive, tape, media, or other storage device leased, licensed, or owned by the employer.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-4 - (Effective January 1, 2018) User Direction for Disclosure of Digital Assets.

Section 19-1A-4
(Effective January 1, 2018) User direction for disclosure of digital assets.
(a) A user may use an online tool to direct the custodian to disclose to the designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) A user's direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-5 - (Effective January 1, 2018) Terms-of-Service Agreement.

Section 19-1A-5
(Effective January 1, 2018) Terms-of-service agreement.
(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary's or a designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under Section 19-1A-4.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-6 - (Effective January 1, 2018) Procedure for Disclosing Digital Assets.

Section 19-1A-6
(Effective January 1, 2018) Procedure for disclosing digital assets.
(a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:
(1) grant a fiduciary or designated recipient full access to the user's account;
(2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) A custodian need not disclose under this chapter a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1) a subset limited by date of the user's digital assets;
(2) all of the user's digital assets to the fiduciary or designated recipient;
(3) none of the user's digital assets; or
(4) all of the user's digital assets to the court for review in camera.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-7 - (Effective January 1, 2018) Disclosure of Content of Electronic Communications of Deceased User.

Section 19-1A-7
(Effective January 1, 2018) Disclosure of content of electronic communications of deceased user.
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the deceased user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a copy of the death certificate of the user;
(3) a copy of letters testamentary, letters of administration, or court order;
(4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701 et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-8 - (Effective January 1, 2018) Disclosure of Other Digital Assets of Deceased User.

Section 19-1A-8
(Effective January 1, 2018) Disclosure of other digital assets of deceased user.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a copy of the death certificate of the user;
(3) a copy of letters testamentary, letters of administration or court order; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user;
(C) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(D) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
(Act 2017-316, §1.)