reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-25 - Preparation, Recordation, Filing, and Publication of Certified Copy of Election Result.

Section 11-16-25
Preparation, recordation, filing, and publication of certified copy of election result.
The board of commissioners upon the conclusion of canvassing said returns shall certify in writing the result of said election, a copy of which shall be filed and recorded in the office of the judge of probate of the county and another copy published by at least one insertion in a newspaper published in the county if there be such newspaper.
(Code 1907, §197; Code 1923, §289; Code 1940, T. 12, §252.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-26 - Majority of Commissioners or Inspectors May Act.

Section 11-16-26
Majority of commissioners or inspectors may act.
Any duty required by this chapter to be performed by the said board of commissioners of county seat election may be performed by a majority of them, and a majority of inspectors of election shall govern in the determination of all questions coming before them as such inspectors.
(Code 1907, §200; Code 1923, §292; Code 1940, T. 12, §255.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-27 - Declaration of New County Seat.

Section 11-16-27
Declaration of new county seat.
If upon canvass of the returns of said election a majority of all the legal votes cast were in favor of the removal of the county seat, then the city, town, or village thus elected shall thereafter be the county seat of the county.
(Code 1907, §201; Code 1923, §293; Code 1940, T. 12, §256.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-28 - Acquisition of Lands for New County Seat; Erection of Courthouse and Jail.

Section 11-16-28
Acquisition of lands for new county seat; erection of courthouse and jail.
The county commission shall then procure by donation or by purchase at the expense of the county suitable lots or parcels of land in such city, town, or village, taking the fee simple title thereto to the county, and shall cause to be erected at the expense of the county a suitable courthouse and a suitable jail on said lots for the county as soon as practicable.
(Code 1907, §202; Code 1923, §294; Code 1940, T. 12, §257.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-29 - Removal of County Offices, Records, and Prisoners to New Courthouse and Jail.

Section 11-16-29
Removal of county offices, records, and prisoners to new courthouse and jail.
When said courthouse shall be completed and ready for occupancy, the said county officers shall remove their offices and the records thereof to such offices or rooms in the new courthouse as may be designated for them respectively by the county commission, and the sheriff, upon completion of the jail, shall remove and keep therein any prisoners in his custody.
(Code 1907, §203; Code 1923, §295; Code 1940, T. 12, §258.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-30 - Holding of Court of Record.

Section 11-16-30
Holding of court of record.
Prior to the removal referred to in Section 11-16-29, all courts of record for the county shall be held at the original courthouse thereof. But after such removal, all courts of record for the county shall be held at the new county seat and, if need be, the county commission must provide suitable buildings in which to hold said courts, pending the erection and completion of the courthouse.
(Code 1907, §204; Code 1923, §296; Code 1940, T. 12, §259.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-31 - County Offices and Courts to Remain at Old County Seat Until Buildings Provided at New Site.

Section 11-16-31
County offices and courts to remain at old county seat until buildings provided at new site.
All county officials who are required to hold their offices at the county seats shall have their offices and all courts held for such county shall be held at the old county seat until the suitable buildings and offices can be provided by the county commission at the new county seat, such period not to exceed 12 months from the date of said election.
(Code 1907, §205; Code 1923, §297; Code 1940, T. 12, §260.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-32 - Discretion of Governor as to Petitions for Removal of County Seat; Proceedings as to Two or More Petitions.

Section 11-16-32
Discretion of Governor as to petitions for removal of county seat; proceedings as to two or more petitions.
The Governor shall not entertain any petition under Section 11-16-1 which he may have reason to believe is not made in good faith by persons desiring a removal of the county seat. If two or more bona fide petitions with respect to the proposed removal of the county seat of a county to two or more different points in the county shall be pending before the Governor for the appointment of commissioners, the Governor shall favor the proceeding which, in his judgment, is best calculated to result in a permanent location of the county seat.
(Code 1907, §206; Code 1923, §298; Code 1940, T. 12, §261.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-33 - Resolution of County Commission for Erection of Courthouse on New Site.

Section 11-16-33
Resolution of county commission for erection of courthouse on new site.
Whenever the county commission of any county shall determine that it is advisable to erect a new courthouse for such county on a site in the city or town where the courthouse is located, which site was not within the corporate limits of such city or town when such courthouse was first located therein, and shall pass a resolution to that effect, the courthouse may be erected on such new site if it shall be so decided by a vote of the people of the county at an election to be held as provided in this chapter.
(Acts 1927, No. 399, p. 467; Code 1940, T. 12, §262.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-34 - Ordering of Election for Determination as to Erection of Courthouse on New Site.

Section 11-16-34
Ordering of election for determination as to erection of courthouse on new site.
The county commission, after the passage of such resolution, shall order an election to be held in said county to determine whether or not the courthouse shall be erected on such new site.
(Acts 1927, No. 399, p. 467; Code 1940, T. 12, §263.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-35 - Notice of Election.

Section 11-16-35
Notice of election.
Notice of such election shall be given for 30 days by publication in a newspaper published in said county once a week for three successive weeks, which notice shall state the purpose for which the election is to be held, the time and place for holding the same and a description of the site on which the new courthouse is to be erected. Such notice shall be signed by the probate judge or chairman of the county commission of the county in which the election is to be held.
(Acts 1927, No. 399, p. 467; Code 1940, T. 12, §264.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-36 - Preparation, Form, and Marking of Ballots.

Section 11-16-36
Preparation, form, and marking of ballots.
The ballot used at such election must be prepared by the probate judge and shall contain the words "For erection of courthouse on site _____" and "Against erection of courthouse on site _____" (the description of the site to be shown in the blank space), and the voter shall indicate his choice by placing a cross mark before or after the one or the other.
(Acts 1927, No. 399, p. 467; Code 1940, T. 12, §265.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-37 - Qualifications and Appointment of Election Managers and Returning Officers; Laws Governing Elections.

Section 11-16-37
Qualifications and appointment of election managers and returning officers; laws governing elections.
The probate judge, the circuit clerk, and the sheriff of said county, within 10 days after notice in writing to them of the calling of such election, shall appoint three managers and one returning officer to conduct the election in each beat or polling place in the county, and said managers shall all reside in the beats, wards, or precincts where they are appointed to serve and shall be qualified electors at said elections.
In all other respects the laws relating to the holding of elections in counties to determine whether county bonds may be issued shall govern and apply to elections held under this chapter.
(Acts 1927, No. 399, p. 467; Code 1940, T. 12, §266.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-38 - Erection of Courthouse on New Site.

Section 11-16-38
Erection of courthouse on new site.
If at such election a majority of the qualified electors of the county voting at the election shall vote for the erection of a courthouse on the proposed site, it shall be permissible to erect a courthouse on such proposed site.
(Acts 1927, No. 399, p. 467; Code 1940, T. 12, §267.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-39 - Subsequent Elections Not to Be Held Within Four Years of Preceding Election.

Section 11-16-39
Subsequent elections not to be held within four years of preceding election.
When one election has been held under this chapter, a subsequent election as to the same county shall not be held within four years thereafter.
(Code 1907, §207; Code 1923, §299; Code 1940, T. 12, §268.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-40 - Penalties for Failure to Perform Duties Required by Chapter, Etc.

Section 11-16-40
Penalties for failure to perform duties required by chapter, etc.
Any officer or person who shall willfully or corruptly fail to perform any duty required of him under any of the provisions of this chapter; or shall fraudulently alter or change the ballot of any elector after it has been cast; or shall make any false or fraudulent count of votes; or shall place in the receptacle for ballots any ballot not actually cast by an elector; or shall take therefrom any ballot cast by an elector, with the intention of unlawfully changing or affecting the result of the election; or shall make any false poll list or any false count of the ballots or any false certificate to a poll list or to the result of the count of the ballots; or shall wrongfully open the returns from any precinct or ward; or shall change, secrete, destroy, or mutilate the returns from any precinct or ward or attempt to do so; or shall prevent or attempt to prevent any such return from being made as required by this chapter; or shall attempt to commit any fraudulent act in connection with the ordering of said election, or the holding of the election, or making the returns or declaring the result thereof; and any person who votes more than once, or deposits more than one ballot as his vote at such election or knowingly attempts to vote when he knows he is not entitled to vote; and, any person who, by bribery or offering to bribe or by any other corrupt means attempts to influence any elector in giving his vote, or to deter him in giving the same, or to disturb or to hinder him in the free exercise of his right of suffrage at said election must, in every such case, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.
(Code 1907, §6826; Code 1923, §3958; Code 1940, T. 12, §269.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-1 - Petition for Appointment of Commission to Locate or Enlarge, Mark Boundaries, etc., of Burial Places, Graveyards or Cemeteries.

Section 11-17-1
Petition for appointment of commission to locate or enlarge, mark boundaries, etc., of burial places, graveyards or cemeteries.
Five or more citizens may petition the judge of probate of any county in which any burial place, graveyard, or cemetery is located, requesting him to appoint a commission to locate, mark the boundaries, plat and survey such burial place or to enlarge the area of any burial place, mark the boundaries thereof, plat and survey the part enlarged.
(Code 1907, §86; Code 1923, §91; Code 1940, T. 12, §208.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-2 - Commission - Appointment; Notice of Appointment and Issuance of Commission to Members.

Section 11-17-2
Commission - Appointment; notice of appointment and issuance of commission to members.
Upon the filing of such petition, the judge shall appoint a commission, not to exceed five nor less than three, to locate the boundaries, survey, map, and plat such burial place and shall forthwith notify each member of such commission of his appointment and issue to him a commission directing him to perform the duties required of him under this chapter.
(Code 1907, §87; Code 1923, §92; Code 1940, T. 12, §209.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-3 - Commission - Establishment and Marking of Boundaries; Preparation and Filing of Reports.

Section 11-17-3
Commission - Establishment and marking of boundaries; preparation and filing of reports.
Within 60 days after their appointment, the commission shall meet at the proposed burial place, fix the boundaries and mark with posts, brick, stone, or other durable material the graveyard to be established or enlarged and shall make their report in writing and file the same in the office of the judge of probate.
(Code 1907, §88; Code 1923, §93; Code 1940, T. 12, §210.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-4 - Commission - Assessment and Report of Damages From Taking of Property, Etc.

Section 11-17-4
Commission - Assessment and report of damages from taking of property, etc.
The commission shall also assess the damages suffered by any person by reason of the taking of his property or injury thereto in locating and marking boundaries for burying places, which shall be included in their reports to the probate judge and shall state the names of the owners of land so taken or injured.
(Code 1907, §89; Code 1923, §94; Code 1940, T. 12, §211.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-5 - Recordation of Proceedings Upon Payment of Damages and Costs.

Section 11-17-5
Recordation of proceedings upon payment of damages and costs.
Upon the payment to the probate judge by the petitioners of the amount of damages assessed, together with the costs of the proceedings, the judge shall cause such proceedings to be recorded in the probate office in said county.
(Code 1907, §90; Code 1923, §95; Code 1940, T. 12, §212.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-6 - Dedication to Public and Use of Burial Place.

Section 11-17-6
Dedication to public and use of burial place.
After such proceedings are recorded, the burial place so located, bounded or enlarged as shown by such proceedings shall be thereafter dedicated to the public and may be used for a burying place.
(Code 1907, §91; Code 1923, §96; Code 1940, T. 12, §213.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-7 - Appeals From Assessment of Damages - Authorized.

Section 11-17-7
Appeals from assessment of damages - Authorized.
Any party interested in such proceeding to locate and fix boundaries of burial places, as provided for in this chapter, may appeal to the probate court within 30 days from the filing of such report for the purpose only of fixing the amount of damages to the property taken or injured.
(Code 1907, §92; Code 1923, §97; Code 1940, T. 12, §214.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-8 - Appeals From Assessment of Damages - Bond.

Section 11-17-8
Appeals from assessment of damages - Bond.
Any person desiring to appeal as provided for in this chapter shall execute a bond in an amount to be fixed by the probate judge and payable to him for the use of any person injured, conditioned to prosecute such appeal to effect and to pay or perform such judgment as may be entered against him in the probate court, which bond must be approved by the probate judge.
(Code 1907, §93; Code 1923, §98; Code 1940, T. 12, §215.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-9 - Appeals From Assessment of Damages - Establishment of Date for Hearing; Summoning and Empaneling of Jurors; Notice of Hearing.

Section 11-17-9
Appeals from assessment of damages - Establishment of date for hearing; summoning and empaneling of jurors; notice of hearing.
On the approval of such appeal bond by the probate judge, he shall set a day for hearing the same, not less than 10 nor more than 30 days from that date, and must summon and empanel jurors as provided for in contests of wills in such court and shall give notice to the adverse parties of such hearing.
(Code 1907, §94; Code 1923, §99; Code 1940, T. 12, §216.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-10 - Appeals From Assessment of Damages - Conduct of Hearing Generally; Establishment of Damages by Jury.

Section 11-17-10
Appeals from assessment of damages - Conduct of hearing generally; establishment of damages by jury.
On the hearing of such trial, the court shall cause an issue to be made between the parties interested to ascertain the amount of damages for the property taken or injured in locating the burial place. Either party may examine witnesses on such trial and may argue the questions to the court or jury by themselves or counsel, which questions must then be submitted to the jury for their determination, which amount of damages shall be fixed by the verdict of the jury.
(Code 1907, §95; Code 1923, §100; Code 1940, T. 12, §217.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-11 - Appeals From Assessment of Damages - Entry of Judgment for Damages and Costs.

Section 11-17-11
Appeals from assessment of damages - Entry of judgment for damages and costs.
The court shall enter an appropriate order of judgment of the court based upon the verdict of the jury fixing the amount of damages and awarding the costs against the parties as may seem proper to the court.
(Code 1907, §96; Code 1923, §101; Code 1940, T. 12, §218.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-12 - Property Not Deemed Dedicated Until Damages and Costs Paid.

Section 11-17-12
Property not deemed dedicated until damages and costs paid.
The property set apart for burial places as provided in this chapter shall not be deemed as dedicated as provided in this chapter until all damages and costs awarded shall have been paid into the probate court by the parties interested in the proceedings.
(Code 1907, §97; Code 1923, §102; Code 1940, T. 12, §219.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-13 - Preservation, Repair, etc., of Public or Private Burial Places, etc., Declared Charitable Purposes; Conveyances, Devises, etc., of Burial Places for Such Purposes Deemed to Create Charitable Trusts.

Section 11-17-13
Preservation, repair, etc., of public or private burial places, etc., declared charitable purposes; conveyances, devises, etc., of burial places for such purposes deemed to create charitable trusts.
The preservation, repair, and maintenance of public or private burial places or burial lots and the preservation, repair, maintenance, embellishment, improvement, and replacement of monuments and other things thereon and the ways and easements appurtenant thereto are hereby declared and made proper matters of charity, and every conveyance, transfer, devise, and bequest of any such burial place or burial lot or any money or property in trust for such purposes or any of them shall be held to create a charitable trust.
(Acts 1931, No. 336, p. 393; Code 1940, T. 12, §220.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-14 - Burial Societies, Cemeteries, etc., Empowered to Accept Conveyances, Devises, etc., and to Act as Trustees.

Section 11-17-14
Burial societies, cemeteries, etc., empowered to accept conveyances, devises, etc., and to act as trustees.
Every burial society or burial association organized under the laws of this state and every corporation having power to act as trustee or engage in the business of owning, controlling, and maintaining private or public cemeteries are hereby empowered to accept any such conveyance, transfer, devise, or bequest and to act as trustee for any such trust.
(Acts 1931, No. 336, p. 393; Code 1940, T. 12, §221.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-15 - Trusts Created by Conveyances, Devises, etc., May Be Perpetual; Terms and Conditions of Same.

Section 11-17-15
Trusts created by conveyances, devises, etc., may be perpetual; terms and conditions of same.
Any trust created by any such conveyance, transfer, devise, or bequest may be perpetual or for any other length of time and may be made subject to any lawful terms and conditions which shall not be inconsistent with the uses for which such burial place or burial lot, money, or property may be so conveyed, transferred, devised, or bequeathed.
(Acts 1931, No. 336, p. 393; Code 1940, T. 12, §222.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 17 - Burial Places, Graveyards and Cemeteries. › Section 11-17-16 - Validation, etc., of Prior Conveyances, Bequests, Etc.

Section 11-17-16
Validation, etc., of prior conveyances, bequests, etc.
All conveyances, transfers, devises, and bequests for any purpose set out in section 11-17-13 made prior to July 2, 1931, are hereby validated, ratified, and confirmed.
(Acts 1931, No. 336, p. 393; Code 1940, T. 12, §223.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 18 - Acquisition, etc., of Lands for Public Purposes, Etc. › Article 1 - General Provisions. › Section 11-18-1 - Authorized.

Section 11-18-1
Authorized.
The several counties of the state and the county commissions thereof, jointly, separately, and severally, are authorized with the approval of the governor but not compelled to acquire lands by donation or purchase, one or both, and make improvements thereon for county, state, national, and public purposes.
(Acts 1939, No. 382, p. 506; Code 1940, T. 12, §224; Acts 1967, No. 747, p. 1601.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 18 - Acquisition, etc., of Lands for Public Purposes, Etc. › Article 1 - General Provisions. › Section 11-18-2 - Uses of Lands.

Section 11-18-2
Uses of lands.
Such lands may be used, among other things, for the following public purposes:
(1) For the recreation, health, and betterment of the people within the county;
(2) For the betterment and improvement of all useful and ornamental vegetable life, including agriculture, arborculture, horticulture, and experimentation with growth and seeds of ornamental shrubs, trees, and flowers;
(3) For the betterment of all animal life, including domestic animals, wildlife, fish and for fish hatcheries;
(4) For the collection and exhibit of minerals and all native products;
(5) For the creation and maintenance of springs, streams, and lakes thereon; and
(6) For other improvements thereon such as fair grounds, athletic fields, museums, art galleries, military grounds, state armories, hospitals, school buildings, and such other improvements and buildings thereon as may be deemed necessary for public purposes.
(Acts 1939, No. 382, p. 506; Code 1940, T. 12, §225.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 18 - Acquisition, etc., of Lands for Public Purposes, Etc. › Article 1 - General Provisions. › Section 11-18-3 - Board of Trustees; Trust Fund; Contributions by County, State, Etc.

Section 11-18-3
Board of trustees; trust fund; contributions by county, state, etc.
The county commission is authorized, with the approval of the Governor, to appoint a board of three trustees for the acquisition and maintenance of said lands and property. Said trustees shall be graduates of some high school or some reputable college, shall be men or women of public spirit, of means, and shall serve without compensation. Their terms and successors shall be fixed and determined by the county commission with the approval of the Governor.
A trust fund may be created by public donations or otherwise for the acquisition and maintenance of such property and lands and it shall be lawful for the county, state, and national government to contribute to the acquisition and maintenance of said lands and property. The county commission is authorized under this section to make such contracts as may be deemed necessary.
(Acts 1939, No. 382, p. 506; Code 1940, T. 12, §226.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 18 - Acquisition, etc., of Lands for Public Purposes, Etc. › Article 2 - Acquisition of Lands for Public Parks or Recreational Purposes. › Section 11-18-20 - Definitions.

Section 11-18-20
Definitions.
As used in this article the following terms have the meanings hereby ascribed to them:
(1) ESTABLISHING COUNTY. A county, the county commission of which has provided for the establishment of a park or recreational area or has designated land for the establishment thereon of a park or recreational area.
(2) ADJOINING COUNTY. A county the boundary of which abuts either land on which the establishing county has established a park or recreational area or land which the establishing county has designated for the establishment thereon of a park or recreational area.
(Acts 1970, Ex. Sess., No. 12, p. 2613, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 18 - Acquisition, etc., of Lands for Public Purposes, Etc. › Article 2 - Acquisition of Lands for Public Parks or Recreational Purposes. › Section 11-18-21 - Authorized.

Section 11-18-21
Authorized.
The county commission of each county of the state is hereby authorized to acquire by purchase, condemnation, donation, or otherwise land situated within the county for the purpose of establishing and maintaining thereon a public park or recreational area.
(Acts 1970, Ex. Sess., No. 12, p. 2613, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 18 - Acquisition, etc., of Lands for Public Purposes, Etc. › Article 2 - Acquisition of Lands for Public Parks or Recreational Purposes. › Section 11-18-22 - Acquisition of Lands in Adjoining Counties.

Section 11-18-22
Acquisition of lands in adjoining counties.
The power conferred by Section 11-18-21 authorizes the county commission of the establishing county to acquire in any manner prescribed in said Section 11-18-21 land situated in any adjoining county for the purpose of establishing and maintaining thereon a park or recreational area; provided, that such county commission shall first determine that the land in the adjoining county is so situated with respect to the park or recreational area in the establishing county that the use of such land in the adjoining county as a part of the park or recreational area would be to the interest of the citizens of the establishing county.
(Acts 1970, Ex. Sess., No. 12, p. 2613, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 18 - Acquisition, etc., of Lands for Public Purposes, Etc. › Article 2 - Acquisition of Lands for Public Parks or Recreational Purposes. › Section 11-18-23 - Appropriation and Expenditure of Funds for Acquisition, Establishment and Maintenance.

Section 11-18-23
Appropriation and expenditure of funds for acquisition, establishment and maintenance.
The county commission is authorized to appropriate and expend funds of the county in acquiring land as provided for in Sections 11-18-21 and 11-18-22 and in establishing and maintaining a park or recreational area on any land so acquired.
(Acts 1970, Ex. Sess., No. 12, p. 2613, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 18 - Acquisition, etc., of Lands for Public Purposes, Etc. › Article 2 - Acquisition of Lands for Public Parks or Recreational Purposes. › Section 11-18-24 - Cooperation by Counties.

Section 11-18-24
Cooperation by counties.
Any county may cooperate with another county in the acquisition of land for the establishment of a park or recreational area.
(Acts 1970, Ex. Sess., No. 12, p. 2613, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-1 - Definitions.

Section 11-19-1
Definitions.
For the purposes of this chapter, the following words and phrases unless otherwise clearly indicated shall have the following meanings:
(1) COUNTY GOVERNING BODY. The county commission of each county in this state.
(2) FLOOD or FLOODING. The general and temporary condition of partial or complete inundation of normally dry land areas:
a. From the overflow of streams, rivers, and other inland waters, or
b. From tidal surges, abnormally high tidal waters, tidal waves, or rising coastal waters resulting from tsunamis, hurricanes, or other severe storms.
(3) FLOOD-PRONE AREA. Any area with a frequency of inundation of once in 100 years as defined by qualified hydrologists or engineers using methods that are generally accepted by persons engaged in the field of hydrology and engineering.
(4) LAND-USE AND CONTROL MEASURES. Zoning ordinances, subdivision regulations, building codes, health regulations, and other applications and extensions of the normal police power to provide safe standards of occupancy for prudent use of flood-prone areas.
(5) SUBDIVISION. The division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, for sale or building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §§1, 13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-2 - Purpose of Chapter.

Section 11-19-2
Purpose of chapter.
Because of the great financial and economic loss, as well as human suffering, caused by floods and flooding in this state and despite plans and programs directly or indirectly affecting the control of flood waters and the reduction of flooding, there also exists a clear and definite public need for a program to provide flood insurance coverage in flood-prone areas of this state.
It is the declared purpose of this chapter to provide in each county of this state a comprehensive land-use management plan by:
(1) Constricting the development of land which is exposed to flood damage in the flood-prone areas;
(2) Guiding the development of proposed construction away from locations which are threatened by flood hazards;
(3) Assisting in reducing damage caused by floods; and
(4) Otherwise improving the long-range management and use of flood-prone areas.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-3 - Adoption of Zoning Ordinances and Building Codes for Flood-Prone Areas Outside Municipalities.

Section 11-19-3
Adoption of zoning ordinances and building codes for flood-prone areas outside municipalities.
The county commission in each county of this state is hereby authorized and may adopt zoning ordinances and building codes for flood-prone areas which lie outside the corporate limits of any municipality in the county.
Each such county commission shall have broad authority to:
(1) Establish or cause to be established comprehensive land-use and control measures which shall specifically include the control and development of subdivisions in flood-prone areas;
(2) Establish or cause to be established building codes and health regulations incorporating such minimum standards as shall be necessary to reduce flood damage in flood-prone areas;
(3) Provide such standards of occupancy for the prudent use of flood-prone areas in the county;
(4) Provide for the preparation of maps clearly delineating flood-prone areas and floodways in the county and to keep the same for public inspection;
(5) Make such studies as may be necessary to carry out the purposes of this chapter;
(6) Employ such technical and/or advisory personnel, including the establishment of a county planning commission, as is deemed necessary or expedient; and
(7) Adopt ordinances for the enforcement of all such regulations.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-4 - Land-Use and Control Measures.

Section 11-19-4
Land-use and control measures.
Land-use and control measures shall provide land-use restrictions based on probable exposure to flooding. Measures specified in this section shall:
(1) Prohibit inappropriate new construction or substantial improvements in the flood-prone areas;
(2) Control land uses and elevations of all new construction within the flood-prone area;
(3) For coastal flood-prone areas prescribed land uses and minimum elevations of the first floors of buildings and include consideration of the need for bulkheads, seawalls, and pilings;
(4) Be based on competent evaluation of the flood hazard as revealed by current authoritative flood-prone information;
(5) Be consistent with existing flood-prone management programs affecting adjacent areas and applicable to appropriate state standards; and
(6) Prescribe such additional standards as may be necessary to comply with federal requirements for making flood insurance coverage under the National Flood Insurance Act of 1968 available in this state.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-5 - Subdivision Regulations Generally.

Section 11-19-5
Subdivision regulations generally.
In addition to land-use restrictions commensurate with the degree of the flood hazards in various parts of the area, there shall be such subdivision regulations as may be necessary:
(1) To prevent the inappropriate development of flood-prone lands;
(2) To encourage the appropriate location and elevation of streets, sewers and water systems and the reservation of adequate and convenient open space for utilities;
(3) To provide for adequate drainage so as to minimize exposure to flood hazards and to prevent the aggravation of flood hazards; and
(4) To require such minimum elevation of all new developments as required.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-6 - Building Codes and Health Regulations.

Section 11-19-6
Building codes and health regulations.
Building codes and health regulations shall include all applicable state and local provisions and shall cover all public and private construction and development in flood-prone areas, including, but not limited to, private homes, farm buildings, all buildings (except accessory buildings of under 200 square feet of floor space), streets, avenues, roadways, alleyways, and easements, electricity, water systems, and sewerage disposal systems. Such regulations may require that all proposed improvements and developments in flood-prone areas will:
(1) Properly elevate structures so as to assure protection from reasonably expected flooding;
(2) Design buildings so as to prevent flotation and collapse, giving special attention to the adequacy of foundations and to prevent damage to nonstructural elements;
(3) Provide for the protection of heating systems and other critical mechanical or electrical installations from damage by flooding;
(4) Not create unhealthful areas of pondage or accumulation of debris and obstacles in flooding situations;
(5) Provide adequate controls on the placement of septic tanks to avoid contamination during flooding;
(6) Provide adequate sewerage and water systems which will not be adversely affected by flooding; and
(7) Require and encourage flood proofing to the maximum extent practicable in connection with all proposed major improvements, repairs, and rehabilitations of existing structures.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-7 - Submission of Plans and Specifications for Construction and Development in Flood-Prone Areas; Issuance of Permits and Fees Therefor; Disposition of Fees.

Section 11-19-7
Submission of plans and specifications for construction and development in flood-prone areas; issuance of permits and fees therefor; disposition of fees.
The county commission desiring to participate in this program shall require every person, firm, corporation, or agency to submit plans and specifications for all proposed construction and development in flood-prone areas lying outside the corporate limits of municipalities of the county prior to commencing operations. If such plans and specifications conform in every respect with the applicable specifications, rules, and regulations adopted by the county commission, said county commission shall issue a permit therefor and shall charge such issuance fee as the governing body shall agree is just and reasonable. All such fees shall be deposited in a special fund in the county treasury and shall be used to enforce the provisions of this chapter, and no permits shall be issued for any construction or development for which plans and specifications are not in substantial compliance with the specifications, rules, and regulations adopted by the county governing body; provided, that nothing in the foregoing shall be construed to require a permit for, or otherwise relate to, the location, erection, construction, reconstruction, alteration, or maintenance of utility poles, towers, lines, conduits, pipes, mains, or of any utility facilities constructed pursuant to authority conferred by statutes, franchises, certificates of convenience and necessity, licenses, or easements.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-8 - County Planning Commission - Creation; Composition; Qualifications, Appointment, Terms of Office, Removal and Compensation of Members; Vacancies.

Section 11-19-8
County planning commission - Creation; composition; qualifications, appointment, terms of office, removal and compensation of members; vacancies.
The county commission may, by resolution or ordinance, create a county planning commission for the purpose of enforcing this chapter. The county commission shall appoint not less than five nor more than 11 members to the commission. The probate judge, chairman, or similar presiding officer of the county governing body shall be an ex officio member of said commission and shall vote only in case of a tie vote at a meeting wherein the entire membership is present and has voted. Members of the county commission may serve as members of the planning commission notwithstanding the provisions of Section 11-3-2, or any other provisions limiting the offices such governing officials may hold. The term of the ex officio member shall correspond to his official tenure. The terms of each appointive member shall be four years; provided, that, in the initial appointments to the commission, a majority, but not exceeding three fifths of the total membership of the commission, shall be appointed for two years and the remaining members for four years; and provided further, that any members of the county commission appointed to the planning commission for a term exceeding their official tenure as a member of the county commission shall, notwithstanding, continue to be a member of the said commission until the expiration of their appointment as such unless otherwise removed as subsequently provided in this section. Any vacancy in the membership of the planning commission shall be filled for the unexpired term in the same manner as the original appointment. Any appointed member of the commission shall be subject to removal by the county commission for cause after written notice. All members of the county planning commission shall serve as such without compensation.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-9 - County Planning Commission - Adoption of Bylaws; Maintenance of Record of Transactions, etc.; Officers; Meetings; Appointment of Employees and Staff; Acceptance and Expenditure of Funds.

Section 11-19-9
County planning commission - Adoption of bylaws; maintenance of record of transactions, etc.; officers; meetings; appointment of employees and staff; acceptance and expenditure of funds.
The county planning commission shall adopt bylaws for the transaction of business and shall keep a record of its transactions, resolutions, findings, and determinations, which record shall be a public record. The county planning commission shall elect a chairman and a vice-chairman from among the appointed members who shall serve for one year with eligibility for reelection. The county planning commission shall appoint a secretary who may be an officer or an employee of the county commission or a member of the county planning commission. The county planning commission shall meet at least once each month at the call of the chairman and at such other times as the chairman or county planning commission may determine. The county planning commission may appoint such employees and staff as it may deem necessary for its work. In the performance of its duties, the county planning commission may cooperate with, contract with, or accept funds from federal, state or local public or semipublic agencies or private individuals or corporations, may expend such funds, and may carry out such cooperative undertakings and contracts. It may make expenditures for the purchase of required equipment and supplies. The expenditures of the county planning commission, exclusive of gifts, grants, or contract receipts, shall be within the amounts appropriated for the purpose by the county commission.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §9.)