reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-42 - Sales of School Lands - Issuance of Patents to Purchasers.

Section 9-15-42
Sales of school lands - Issuance of patents to purchasers.
All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, if he deems advisable, when presented with the approval of the Commissioner of Conservation and Natural Resources and the State Superintendent of Education shall cause patents to be issued to those purchasing said lands. Such patent shall vest a fee simple title in the grantee named therein.
(Acts 1939, No. 581, p. 949, §11; Code 1940, T. 8, §243.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-43 - Sales of School Lands - Disposition of Revenues From Sales.

Section 9-15-43
Sales of school lands - Disposition of revenues from sales.
Any revenue derived from the sale of school lands shall be paid by the Commissioner of Conservation and Natural Resources to the Treasurer to be deposited to the proper township or townships as provided for by the Constitution and laws of Alabama. A report of such sale shall be immediately forwarded by the Commissioner of Conservation and Natural Resources to the State Superintendent of Education, and such report shall show an accurate and legal description of the lands sold. The Superintendent of Education upon receipt of such report shall immediately cause a memorandum to be transmitted to the Treasurer showing which township or townships shall receive credit from such sale and the amount of credit which shall be made thereto.
(Acts 1939, No. 581, p. 949, §13; Code 1940, T. 8, §245.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-44 - Exchanges of School Lands.

Section 9-15-44
Exchanges of school lands.
The Commissioner of Conservation and Natural Resources is hereby authorized to exchange school lands for other lands of equal value, with the approval of the Governor and the State Superintendent of Education. The Commissioner of Conservation and Natural Resources shall have the title to the land to be received by the state examined; and, if in his opinion said title is without defect, he shall so certify to the Governor and, provided the Governor and the State Superintendent of Education approve, the Governor shall cause patents to be issued to those exchanging said lands. Such patent shall vest a fee simple title in the grantee named therein. The title to the land received in exchange for school land shall be in the State of Alabama in trust for the use of schools and shall be classified as school land as defined by law.
(Acts 1939, No. 581, p. 949, §12; Code 1940, T. 8, §244.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-45 - Leases, Exchanges or Sales of Swamp and Overflowed Lands.

Section 9-15-45
Leases, exchanges or sales of swamp and overflowed lands.
Swamp and overflowed lands may be leased, exchanged or sold by the Commissioner of Conservation and Natural Resources with the approval of the State Department of Mental Health.
(Acts 1939, No. 581, p. 949, §14; Code 1940, T. 8, §246.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-46 - Issuance of Patents to Purchasers of Swamp and Overflowed Lands.

Section 9-15-46
Issuance of patents to purchasers of swamp and overflowed lands.
All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, when presented with the approval of the Commissioner of Conservation and Natural Resources and State Department of Mental Health, shall cause patents to be issued to those purchasing said lands. Such patent shall vest a fee simple title in the grantee named therein.
(Acts 1939, No. 581, p. 949, §15; Code 1940, T. 8, §247.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-47 - Disposition of Revenue From Sales, etc., of Swamp and Overflowed Lands.

Section 9-15-47
Disposition of revenue from sales, etc., of swamp and overflowed lands.
Any revenue derived from the sale or adjustment of any swamp and overflowed lands as provided in this article shall be paid by the Commissioner of Conservation and Natural Resources to the State Department of Mental Health.
(Acts 1939, No. 581, p. 949, §17; Code 1940, T. 8, §249.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-48 - Claims of Title to Swamp and Overflowed Lands.

Section 9-15-48
Claims of title to swamp and overflowed lands.
All persons claiming title to any swamp and overflowed lands in this state under any alleged purchase or through any chain of title may submit their claims to the Commissioner of Conservation and Natural Resources together with such evidence of purchase or claim, whereupon the Commissioner of Conservation and Natural Resources shall have such claim examined and investigated as he may see fit; and, if it is found that the state has parted with its title to such lands in a legal and effective way, the Commissioner of Conservation and Natural Resources shall so determine and shall certify same to the Governor and the State Department of Mental Health; but, if the Commissioner of Conservation and Natural Resources shall determine that the state has not parted with its title to such lands in a legal or effective way but that equity and justice shall be better served by a settlement with the claimant, he is hereby empowered to settle and adjust such title upon such terms as he may consider just and proper. Upon such adjustment he shall certify such adjustment to the Governor and the State Department of Mental Health, and the Governor shall cause a patent to be issued to the claimant, under the seal of the state, to the lands covered by such certificate, and such patent shall vest a fee simple title in the grantee named in such patent.
(Acts 1939, No. 581, p. 949, §16; Code 1940, T. 8, §248.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-49 - Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - When Required.

Section 9-15-49
Corrections of errors in records pertaining to school or swamp and overflowed lands - When required.
For the purpose of facilitating the management and supervision of school lands and swamp and overflowed lands, upon the submission to the Secretary of State of legal and effective proof of any error or mistake, either of omission or commission, in any of the records in his office which pertain to such lands and which said proof is deemed by the Secretary of State to be adequate and sufficient, it shall be mandatory upon him to correct such errors or mistakes in his records and make a record of what any such correction consists.
(Acts 1939, No. 581, p. 949, §18; Code 1940, T. 8, §250.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-50 - Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - File of Proof Submitted.

Section 9-15-50
Corrections of errors in records pertaining to school or swamp and overflowed lands - File of proof submitted.
The Secretary of State shall maintain a file in his office where he shall keep copies of the proof submitted for the correction of errors or mistakes as provided for in this article.
(Acts 1939, No. 581, p. 949, §19; Code 1940, T. 8, §251.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-51 - Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - Certifications of Corrected Records.

Section 9-15-51
Corrections of errors in records pertaining to school or swamp and overflowed lands - Certifications of corrected records.
After the correction of any error or mistake in any record which pertains to such lands, the Secretary of State, in any subsequent certification of a corrected record, shall certify the corrected record, which record, so corrected, shall have the same weight and authority as any other certification by the Secretary of State. The Secretary of State shall show in his certification that the record has been corrected, and such correction shall presumptively be properly made.
(Acts 1939, No. 581, p. 949, §20; Code 1940, T. 8, §252.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-52 - Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lands - Negotiation, Consummation and Administration of Contracts, Leases, Etc.

Section 9-15-52
Sale or leasing of sand or gravel on public water bottoms and certain state lands - Negotiation, consummation and administration of contracts, leases, etc.
All contracts, leases, and agreements for the sale of sand and gravel from the lands of the state which are not owned, occupied, or held in trust by or assigned or dedicated to any department, agency, or institution and from the public water bottoms of the State of Alabama shall be negotiated, consummated, and administered by the Commissioner of Conservation and Natural Resources, acting through the Lands Division of the Department of Conservation and Natural Resources, which division shall receive as the cost of administration 10 percent of all revenues accruing from the sale of sand and gravel or royalties resulting from sand and gravel leases.
(Acts 1953, No. 737, p. 1000, §§1, 2; Acts 1993, No. 93-631, p. 1077, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-53 - Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lands - Disposition and Expenditure of Revenues.

Section 9-15-53
Sale or leasing of sand or gravel on public water bottoms and certain state lands - Disposition and expenditure of revenues.
The revenues, including royalties, derived from the sale of sand and gravel or from leases for the purposes of the removal of sand and gravel from the public water bottoms of the State of Alabama and from the lands of the state which are not owned, occupied or held in trust by or assigned or dedicated to any department, agency or institution, less the cost of administration of such sales or leases shall be deposited into the State Treasury to the credit of the State Park Fund and shall be expended only for the Division of Parks in such manner and such amounts as may be provided by the Legislature in the general appropriation bill and pursuant to the provisions of Article 4 of Chapter 4 of Title 41 of this code.
(Acts 1953, No. 737, p. 1000, §§1, 4; Acts 1959, No. 32, p. 437.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-54 - Release of Sand for Use in Beach Project.

Section 9-15-54
Release of sand for use in beach project.
Notwithstanding any other provision of this title, in the event a beach project to be undertaken by a coastal municipality as permitted by the Commissioner of the Department of Conservation and Natural Resources pursuant to Section 9-15-56 requires the use of sand from the public water bottoms of the State of Alabama, spoil sand from state-owned spoil sites, or spoil sand otherwise owned by the state, or any combination of the sands, the commissioner, acting through the Lands Division of the department, shall release to the coastal municipality for use in the beach project without fee, cost, or charge those quantities of sand from those specified public water bottoms of the State of Alabama, of spoil sand from those specified state-owned spoil sites, and of spoil sand otherwise owned by the state as are identified in the beach project permit of the commissioner issued pursuant to Section 9-15-56. No such sand shall be released, however, if the commissioner finds that the beach project as proposed cannot be established and maintained without a materially adverse impact on adjacent or abutting riparian or littoral landowners, on the public water bottoms, or on the fish, shellfish, and wildlife resources of the state.
(Act 2000-676, p. 1365, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-55 - Retention by State of Title to Certain Filled Lands; Rights of Access.

Section 9-15-55
Retention by state of title to certain filled lands; rights of access.
(a) The state shall retain title to any lands of the state lying seaward of the mean high tide line that are filled in the course of a beach project undertaken by a coastal municipality pursuant to Article 11 of Chapter 47 of Title 11 with the permit of the Commissioner of the Department of Conservation and Natural Resources as provided in Section 9-15-56.
(b) The title to additional filled lands shall be retained by the state to the extent that the proportions of any state-owned lands filled in the course of a permitted beach project undertaken by a coastal municipality are subsequently increased seaward by accretion or any other natural or artificial fill process.
(c) Notwithstanding any rule of decision or principle of common law recognized prior to May 23, 2000, the retention of title by the state pursuant to this section shall be recognized regardless of the participation, consent, or objection of adjacent or abutting riparian or littoral landowners with respect to the filling or with respect to the beach project.
(d) Any riparian or littoral landowner who as a result of the construction of a beach project and the operation of this section ceases to be a holder of title to the resulting mean high tide line shall be entitled to all statutory and common-law riparian or littoral rights of access to the mean high tide line across the state-owned lands filled in the course of a permitted beach project or by subsequent natural or artificial fill process, including, without limitation, access rights for ingress, egress, boating, bathing, and fishing. The exercise of such rights of access shall be subject to reasonable regulation by the coastal municipality with the concurrence of the commissioner, acting through the Lands Division of the department, for the purpose of protection, stabilization, and maintenance of beach project sand and sand stabilization structures and vegetation.
(Act 2000-676, p. 1365, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-70 - Applicability; Reservation of Rights.

Section 9-15-70
Applicability; reservation of rights.
This article applies to all real property and interests therein owned by the State of Alabama and the departments, boards, bureaus, commissions, institutions, corporations, and agencies of the state with the exception of those sales, transfers, and reversions set out in Section 9-15-82. As used in this article, real property shall include land, lots, and all things and interests, including leasehold interests, pertaining thereto, and all other things annexed or attached to the land which would pass to a vendee by conveyance of the land or lot, including mineral and gas and oil interests. The state has the right to reserve all or any part of the mineral, oil, or gas interests and also the right of ingress and egress thereto.
(Acts 1995, No. 95-280, p. 507, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-71 - Real Property Owned by State to Be Sold or Leased by Auction or Sealed Bids.

Section 9-15-71
Real property owned by state to be sold or leased by auction or sealed bids.
All sales and leases made by, or on behalf of, the State of Alabama, or any department, board, bureau, commission, institution, corporation, or agency, of real property or any interest therein owned by the State of Alabama having an appraised value of more than twenty thousand dollars ($20,000) shall be made by free and open competitive advertised public auction or advertised sealed bids to the highest bidder.
(Acts 1995, No. 95-280, p. 507, §2; Act 2000-685, p. 1390, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-72 - Lands Division Responsible for Selling or Leasing Property.

Section 9-15-72
Lands Division responsible for selling or leasing property.
Each department, board, bureau, commission, institution, corporation, or agency which holds real property shall notify the Lands Division of the state Department of Conservation and Natural Resources of its desire and intention to sell or lease any of the real property and shall provide such information as may be specified by the Lands Division. The Lands Division shall be responsible for obtaining the appraisal, deed, and other documents needed for selling or leasing the property under this article and for handling the closing of the sale or lease. No sale or lease involving an amount of more than twenty thousand dollars ($20,000) shall be divided into smaller parcels involving less than twenty thousand dollars ($20,000) for avoiding the requirements of this article.
(Acts 1995, No. 95-280, p. 507, §3; Act 2000-685, p. 1390, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-73 - Appraisal.

Section 9-15-73
Appraisal.
The Lands Division shall have the real property or the interests in the real property appraised by a real estate appraiser selected by the Lands Division who is licensed by the State Board of Appraisers prior to the advertisement of the sale of the property. If the Lands Division is not satisfied with one appraisal, additional appraisals may be obtained. All appraisals shall be in writing.
(Acts 1995, No. 95-280, p. 507, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-74 - Minimum Amount at Which Property May Be Sold or Leased; Determination as to Selling or Leasing; Acceptance or Rejection of Bids; Determination as to Whether Sale Be by Auction or Bids.

Section 9-15-74
Minimum amount at which property may be sold or leased; determination as to selling or leasing; acceptance or rejection of bids; determination as to whether sale be by auction or bids.
After obtaining an appraisal on the real property and consulting with the chief executive officer of the department, board, bureau, commission, institution, corporation, or agency which desires to sell or lease the real property, the Lands Division shall establish and publish the minimum amount for which the real property may be sold or leased. The determination to sell or lease the real property shall be made by the chief executive officer of the department, board, bureau, commission, institution, corporation, or agency desiring to sell or lease the real property with the approval of the Governor after giving due consideration to the results of the appraisal made upon the real property. With the approval of the Governor, the chief executive officer shall have the right to accept or reject all bids submitted for the purchase of the real property under these provisions. The chief executive officer and the Governor in consultation with the Director of the Lands Division of the state Department of Conservation and Natural Resources shall determine if the sale or lease of real property is to be by free and open competitive advertised public auction or advertised sealed bids.
(Acts 1995, No. 95-280, p. 507, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-75 - Advertising.

Section 9-15-75
Advertising.
Every proposal to make a sale or lease under this article shall be advertised for at least once a week for four weeks in advance of the date fixed for receiving bids or public auction. The advertisement shall appear at least once a week for four consecutive weeks in a newspaper of general circulation in the county or counties where the property is located, and at least one time in three other newspapers of general circulation throughout the state. Property located outside the State of Alabama shall be advertised at least one time in three newspapers of general circulation throughout the state. A copy of the proposal shall simultaneously be posted on a readily accessible public bulletin board at the main office of the Lands Division of the state Department of Conservation and Natural Resources. Persons who request notification of the sale or lease of real property by the state and who provide their mailing address with the Lands Division shall be sent notice of the sale or lease. Advertisements for bids shall state the real property to be sold, by description, where the property is located, and the dates and times when the property may be inspected. The advertisements shall further state the date, time, and place of auction or opening of sealed bids. The advertisements shall state that all bids may be rejected by the state. No bid shall be received at any time after the time advertised.
(Acts 1995, No. 95-280, p. 507, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-76 - Binders.

Section 9-15-76
Binders.
Each person or corporation submitting a bid on real property or an interest therein to be sold or leased by the State of Alabama under this article shall present with his or her bid, payable to the Lands Division of the state Department of Conservation and Natural Resources, a certified check or bank cashier's check in the amount to be determined by the Lands Division not to exceed 20 percent of his or her bid, as a binder on the real property upon which he or she has bid. If the property is being sold at public auction, the Lands Division shall determine the amount of the binder required. The binder shall be forfeited by the person or corporation to whom the bid is awarded if the person or corporation does not complete purchase by presenting to the state a cashier's check or certified check for the amount due less the amount of the binder previously submitted on the real property within 30 days after receiving notice in writing that he or she is the successful bidder. The binder shall be applied to the purchase price of the successful bid. The Director of the Lands Division for good cause shown may extend the period for completing the sale for one additional period of seven days. Certified checks submitted as binders by those persons or corporations not awarded the bid shall be returned to the persons or corporations.
(Acts 1995, No. 95-280, p. 507, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-77 - Payment of Expenses by Department, Board, Bureau, etc., Selling or Leasing Property; Payment of Fee to Lands Division.

Section 9-15-77
Payment of expenses by department, board, bureau, etc., selling or leasing property; payment of fee to Lands Division.
The expenses of the appraisal and contemplated sale or lease shall be paid by the department, board, bureau, commission, institution, corporation, or agency offering the property for sale. The Lands Division of the state Department of Conservation and Natural Resources shall receive a fee in reimbursement of its actual expenses for administering the sale of real property under this article. The fee shall be disbursed to the Lands Division in the final disposition of the funds received from the sale of the property.
(Acts 1995, No. 95-280, p. 507, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-78 - Bids to Be Publicly Taken by Director; Notice; Bids to Become Public Record.

Section 9-15-78
Bids to be publicly taken by director; notice; bids to become public record.
The bids shall be publicly taken or opened in Montgomery or such other place as may be designated by the Lands Division, in case of sealed bids, by the Director of the Lands Division of the state Department of Conservation and Natural Resources or his or her designee and the department, board, bureau, commission, institution, corporation, or agency selling the property may have a representative present. When a sale or lease is to be made, notice shall be given to the highest bidder within 30 days after taking the bids of the state's acceptance of his or her bid and of the state's intention to sell or lease the property to him or her. The bid of the successful bidder so marked, as well as the bids of the unsuccessful bidders in the case of sealed bids, shall be placed on file open to public inspection and shall become matters of public record.
(Acts 1995, No. 95-280, p. 507, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-79 - Negotiation Where No Bids Received or Bids Rejected; No Sale or Lease at Price Less Than Highest Bid or Minimum; Payment; Closing.

Section 9-15-79
Negotiation where no bids received or bids rejected; no sale or lease at price less than highest bid or minimum; payment; closing.
In the event no bids are received or all the bids are rejected by the chief executive officer of the department, board, bureau, commission, institution, corporation, or agency selling or leasing the property after the approval of the Governor, the sale or lease of the real property may be negotiated. No sale or lease may be made at a price less than the highest bid received or the published minimum, whichever is highest, and the sale or lease shall require the approval of the Governor. All real property sold or leased under this article shall be paid for by the purchaser or his or her representative by cashier's check or certified check, and the sale or lease shall be closed not later than 30 days after the written notice of acceptance of the bid.
(Acts 1995, No. 95-280, p. 507, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-80 - Certain Persons Prohibited From Bidding on or Purchasing Property.

Section 9-15-80
Certain persons prohibited from bidding on or purchasing property.
Officers and employees of the department selling or leasing the real property and officers and employees of the Department of Conservation and Natural Resources, as well as members of their families, shall be excluded from bidding on the property at a public auction or by sealed bids. Other officers or employees of the state shall not be excluded from bidding on or purchasing the real property at public sale or sealed bid.
(Acts 1995, No. 95-280, p. 507, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-81 - Criminal and Civil Actions and Penalties for Violations of Article.

Section 9-15-81
Criminal and civil actions and penalties for violations of article.
Any sale or lease of real property or any interest therein of the state made in violation of this article shall be null and void, and the person or persons violating this article shall be subject to criminal prosecution by the Attorney General. In addition to the prosecution, damages for loss or injury to the state may be recovered for the State of Alabama by the Attorney General by civil action in the Circuit Court of Montgomery County. The expenses of investigation, or litigation and prosecution, or both, under this article shall be reimbursed from funds recovered to the Attorney General. All other moneys recovered by the Attorney General shall be deposited in the State General Fund. Violation of this article shall also constitute a Class C felony punishable as prescribed by law.
(Acts 1995, No. 95-280, p. 507, §12.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-83 - Proceeds From Sale to Be Deposited to Credit of Fund of State Entity.

Section 9-15-83
Proceeds from sale to be deposited to credit of fund of state entity.
Whenever any real property is sold or leased under this article, the proceeds from the sale, less the expenses of the sale or lease, shall be deposited to the credit of the fund of the state department, commission, board, bureau, institution, corporation, or agency which offered the real property for sale.
(Acts 1995, No. 95-280, p. 507, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-84 - Promulgation of Rules and Regulations.

Section 9-15-84
Promulgation of rules and regulations.
The Lands Division is authorized to promulgate such rules and regulations as may be necessary to implement the provisions of this article.
(Acts 1995, No. 95-280, p. 507, §15.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 4 - Disclosure of Information Concerning Purchase of Real Property With Public Funds. › Section 9-15-100 - Disclosure Requirements.

Section 9-15-100
Disclosure requirements.
(a) The state, a county, a municipality, any other governmental entity, or any quasi-governmental entity, following the purchase of any real property with public funds for any reason, shall disclose information concerning the purchase within 60 days following the purchase. If the purchase is tied to a specific economic development project, disclosure is not required until 60 days following the announcement of the project. If the purchase is tied to an acquisition for public utility or public works purposes as a part of a single project or the acquisition of rights-of-way, disclosure is not required until 60 days following the acquisition of the last parcel of property needed for the particular public utility or public works project or right-of-way line for which the purchases are made.
(b) The disclosure required by subsection (a) shall include appraisal information done on the property, any contracts related to the purchase, all terms of the purchase, the sources of all funds used in the purchase, and any other related materials. The required disclosure of appraisal information shall be limited to the property identification, appraiser identification, date of appraisal, and the appraised valued.
(c) The disclosure required by subsection (a) shall be made via a report available to the public, shall be attached to the minutes for the next scheduled meeting of the body following the purchase, and, if the body maintains a website, shall be published on the website in a manner conspicuous to the public.
(d) The disclosures required by this section are not necessary if the decision to purchase the property is made at an open meeting of the purchasing entity for which advance notice was given as required by law and the minutes of that meeting include all of the information required by subsection (b).
(Act 2014-133, p. 248, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-1 - Short Title.

Section 9-16-1
Short title.
This article shall be known and may be cited as the "Alabama Surface Mining Act of 1969."
(Acts 1969, No. 399, p. 773, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-1.1 - Legislative Findings.

Section 9-16-1.1
Legislative findings.
(a) The Alabama Legislature has found and determined the following:
(1) A 1991 United States Department of the Interior audit report warned that the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately laying waste to mined land rather than restoring it.
(2) The standards for coal mining reclamation have improved dramatically over the last 25 years.
(3) The citizens of Alabama are endangered by unreclaimed highwalls, water impoundments, and open pits.
(b) In view of these findings, the Legislature deems it necessary to deny the issuance of surface mine permits to operators who have demonstrated a pattern of willfully violating the mining law, and to improve environmental controls by requiring that highwalls be backfilled after mining.
(Act 99-579, p. 1307, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-3 - Purpose of Article.

Section 9-16-3
Purpose of article.
The objective of this article is to provide for the safe and reasonable reclamation of lands upon which surface disturbances will be created by certain types of surface mining so as to protect the taxable value of property and preserve natural resources within the state and to protect and promote the health and safety of the people of this state, consistent with the protection of physical property and with maximum employment and the economic and industrial well-being of the state.
(Acts 1969, No. 399, p. 773, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-4 - Permit for Engaging in Surface Mining Operations - Required; Exemptions; Applicability.

Section 9-16-4
Permit for engaging in surface mining operations - Required; exemptions; applicability.
(a) No operator shall engage in any surface mining, as defined in this article, after October 1, 1970, without a valid permit from the department to engage in the surface mining. A separate permit shall be required for each such surface mining operation that is not contiguous to a surface mining operation for which the operator has a valid permit.
(b) Notwithstanding anything to the contrary, this chapter shall not apply to surface mining to extract materials for the use and benefit of the owner of the property being mined or of an interest therein, the lessee of the property or a charitable institution or organization or governmental entity and not for commercial sale. This exemption shall apply to all mining operations which meet the requirements set forth in this section, including those mining operations for which permits had been issued prior to October 1, 1997. Any permits for exempt mining operations issued prior to October 1, 1997, shall become null and void on October 1, 1997. Upon notification of the department by the holder of such a null and void permit that their mining operation meets the requirements set forth herein, the department shall return any bond provided pursuant to this article within 30 days of receipt by the department of said notification.
(c) Notwithstanding anything to the contrary, this chapter shall not apply to surface mining where the area from which overburden is removed together with the area upon which removed overburden is placed does not exceed one acre, not including previously mined areas wherein the placement of removed overburden operates to reclaim the previously mined area.
(d) The provisions of this chapter shall not apply to surface mining operations existing on October 1, 1997, or which may be established or initiated in the future for the extraction of non-fuel minerals to be sold exclusively to county or municipal governments or to be sold by or to a public utility or any parent, subsidiary, or affiliate of a public utility.
(e) The provisions of this chapter shall not apply to extraction of non-fuel minerals as an incidental part of the operations and closure of a public or private landfill permitted and regulated by the United States government or the Alabama Department of Environmental Management, for coalbed methane or for oil and gas exploration activities, or for public utility purposes or activities including specifically any activities in connection with the generation, transmission, or distribution of electric power.
(Acts 1969, No. 399, p. 773, §4; Acts 1995, No. 95-737, p. 1576, §1; Acts 1997, No. 97-641, p. 1171, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-5 - Permit for Engaging in Surface Mining Operations - Application; Issuance.

Section 9-16-5
Permit for engaging in surface mining operations - Application; issuance.
(a) Any operator desiring a permit shall file an application with the department upon a form furnished by the department containing all of the following:
(1) A brief description of the tract or tracts of land and the estimated number of acres to be affected by the applicant's surface mining thereon during the permit period. The description shall include the section, township, range, and county in which the land is located and shall otherwise describe the land with sufficient clarity so it may be located and distinguished from other lands. The description shall also include a description of access to the area from the nearest public highway
(2) A statement by the applicant that the applicant has the right and power by legal estate owned to mine by surface mining the land so described. The statement shall set forth by reference the source of the applicant's right and power to so mine.
(3) A statement as to whether the applicant or any person, partnership, or corporation associated with the applicant holds or has held any other permits under this article and an identification of the permits.
(4) The post office address of the applicant.
(5) A comprehensive reclamation plan by the applicant of the manner in which the applicant intends to conduct reclamation of the affected land.
(6) Any other information determined by the department to be necessary in determining whether a permit should be issued.
(b) The application shall be accompanied by a bond or security meeting the requirements of Section 9-16-8 and a filing fee of two hundred fifty dollars ($250).
(c) Upon the basis of a complete surface mining application and reclamation plan or a revision or renewal thereof, the department shall grant, require modification of, or deny the permit within 30 days and notify the applicant in writing of its action. The department may deny a permit if:
(1) The information contained in the application is incomplete, false, or inaccurate.
(2) The applicant fails to submit a feasible reclamation plan.
(3) The applicant, or the operator specified in the application, controls or has controlled a mining operation with a demonstrated pattern of willful violations of this article.
(4) The applicant, or the operator specified in the application, has forfeited a bond for failure to reclaim under this article at any time after September 1, 1999.
(d) A permit issued by the department shall entitle the applicant to immediately engage in surface mining on the land described in the application for the permit period, provided that all other permits required under other statutes have been obtained.
(Acts 1969, No. 399, p. 773, §5; Act 99-579, p. 1307, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-6 - Permit for Engaging in Surface Mining Operations - Amendments.

Section 9-16-6
Permit for engaging in surface mining operations - Amendments.
(a) An operator desiring to amend a permit issued to him to include additional land may file an amended application with the department. Upon receipt of the amended application, such increase in the bond or surety as may be required under the provisions of this article and payment of a $50.00 fee, the department shall issue an amendment to the original permit covering the additional land described in the amended application for the period of time remaining in the original permit.
(b) An operator desiring to amend a permit issued to him to withdraw land covered by such permit may file an amended application with the department. Upon receipt of the amended application and upon verification by inspection that the land to be withdrawn is not affected land resulting from surface mining of the applicant, the department shall proportionately reduce the bond or the security filed by the applicant pursuant to the provisions of this article and shall issue an amended permit covering such land as has not been withdrawn.
(Acts 1969, No. 399, p. 773, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-9 - Right of Entry Upon Lands for Inspections as to Compliance With Provisions of Article.

Section 9-16-9
Right of entry upon lands for inspections as to compliance with provisions of article.
Inspectors of the department may enter upon the lands of the landowner at any reasonable time for the purpose of inspection to determine whether the provisions of this article have been complied with.
(Acts 1969, No. 399, p. 773, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-11 - Enforcement of Provisions of Article - Institution of Civil Action for Enforcement of Final Order of Director; Engaging in Surface Mining Without Valid Permit; Willful Misrepresentations, etc., in Applications; Rights of Exception and Appeal.

Section 9-16-11
Enforcement of provisions of article - Institution of civil action for enforcement of final order of director; engaging in surface mining without valid permit; willful misrepresentations, etc., in applications; rights of exception and appeal.
(a) Should the director determine that any final order or determination made by him, not then the subject of judicial review, is being violated by any operator, then the director may cause to have instituted a civil action in any court of competent jurisdiction to forfeit the bond of the operator as to land affected by the operator's violation of this article or for injunctive or other appropriate relief to prevent any further or continued violation of such final order or determination.
(b) Any person required by this article to have a permit who engages in surface mining without a valid permit to do so as prescribed by this article shall be deemed guilty of a violation of this article and, upon complaint made by the director in a court of competent jurisdiction and conviction thereof, shall be fined not less than $500.00 nor more than $5,000.00 and shall be required to post a bond or surety as provided in Section 9-16-7 and to reclaim the affected land resulting from the operator's surface mining without a permit in accordance with the requirements of Section 9-16-7.
(c) Any person who willfully misrepresents any fact or willfully gives false information in any application or report under this article shall be fined not less than $100.00 nor more than $500.00 for each offense.
(d) The parties shall have all rights of exception and appeal.
(Acts 1969, No. 399, p. 773, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-12 - Disposition of Fees and Penalties.

Section 9-16-12
Disposition of fees and penalties.
(a) All fees and penalties collected under the provisions of this article shall be deposited in the General Fund of the State Treasury.
(b) All funds received from the forfeiture of bonds, sureties, cash, or governmental securities shall be placed in the State Treasury and credited to a special agency account created and designated as the Surface Mining Reclamation Fund. The department shall, for each bond, surety, or deposit of cash or securities forfeited, utilize the proceeds of the forfeiture for the reclamation of affected lands. The director may establish and carry out a systematic schedule for the reclamation and revegetation of lands which have been affected by strip mining operations and to which there is no obligation on any person to reclaim or revegetate. The department may cause the reclamation work to be done by employees of other governmental agencies or through contracts with qualified vendors. The department and any contractor shall have the right of access to the land affected to carry out the reclamation.
(c) The department may accept and use any funds, facilities, or personnel available for the purposes of this article.
(Acts 1969, No. 399, p. 773, §12; Act 99-579, p. 1307, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-13 - Administration of Article.

Section 9-16-13
Administration of article.
Any act authorized to be done by the Director of the Department of Industrial Relations of the State of Alabama may be performed by the inspector, assistant inspector or any employee of the department when designated by the director. The superintendent may adopt and promulgate reasonable rules and regulations respecting the administration of this article and in conformity therewith.
(Acts 1969, No. 399, p. 773, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-14 - Applicability of Provisions of Article.

Section 9-16-14
Applicability of provisions of article.
The provisions of this article shall not apply to surface mining activities of the State Department of Transportation or any city, county or municipality incident to their activities in constructing, repairing and maintaining the public road system in Alabama. The provisions of this section shall also extend to any person, firm or corporation contracting with the State Department of Transportation or any city, county or municipality to construct, repair and maintain public roads; provided, that such contracts contain standards for the reclamation of all affected surface mining areas; and provided further, that such standards have been approved by the department.
(Acts 1969, No. 399, p. 773, §15.)