reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 1 - Scenic Enhancement. › Section 23-1-223 - Interest in Acquired Land; Manner of Acquisition.

Section 23-1-223
Interest in acquired land; manner of acquisition.
The interest in any land authorized to be acquired and maintained under this division may be the fee simple or any lesser interest, as determined by the Director of Transportation to be necessary to accomplish the purpose of this division. Such acquisition may be by gift, purchase, exchange, or condemnation.
(Acts 1967, No. 432, p. 1101, §4.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-240 - Short Title.

Section 23-1-240
Short title.
This division may be cited as the "Highway Beautification Act - Junkyard Control."
(Acts 1967, No. 643, p. 1455, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-241 - Definitions.

Section 23-1-241
Definitions.
For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:
(1) AUTOMOBILE RECYCLER. Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
(2) DIRECTOR. The State Department of Transportation.
(3) INTERSTATE SYSTEM. That portion of the national system of interstate and defense highways located within this state or officially designated, or as may hereafter be so designated, by the director and approved by the United States Department of Transportation pursuant to the provisions of Title 23, United States Code, "Highways."
(4) JUNK. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
(5) JUNKYARD. Any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile recycler. The term shall include garbage dumps and sanitary fills.
(6) PRIMARY SYSTEM. Any highway that is on the National Highway System, as defined under federal law, which includes the Interstate Highway System.
(7) SCRAP PROCESSOR. Any person, firm, or corporation engaged only in the business of buying scrap iron and metals, including, but not limited to, old automobiles, for the specific purpose of processing into raw material for remelting purposes only and whose principal product is ferrous and nonferrous scrap for shipment to steel mills, foundries, smelters, and refineries and maintaining an established place of business in this state and having facilities and machinery designed for such processing.
(Acts 1967, No. 643, p. 1455, §3; Act 2015-474, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-242 - Declaration of Policy.

Section 23-1-242
Declaration of policy.
The regulation of junkyards in areas adjacent to any state highway included in the national system of interstate and primary highways is hereby declared to be in the public interest and necessary to promote the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways, to preserve and enhance the scenic beauty of lands bordering on such highways, and to promote the conservation of our natural mineral resources by encouraging the recycling of the reusable scrap iron and metals. The Legislature hereby finds and declares that junkyards which do not conform to the requirements of this division are a public nuisance.
(Acts 1967, No. 643, p. 1455, §2.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-243 - License - Required.

Section 23-1-243
License - Required.
No person shall establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, without obtaining a license to do so from the director.
(Acts 1967, No. 643, p. 1455, §4.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-244 - License - Issuance, Revocation, and Renewal; Fees.

Section 23-1-244
License - Issuance, revocation, and renewal; fees.
The director shall have the sole authority to issue licenses for the establishment, maintenance, and operation of junkyards within the limits defined in this division, and may revoke said licenses at any time a junkyard fails to conform to the requirements of this division, and shall charge therefor a fee of $25.00, payable annually in advance. All licenses issued under this section shall expire on January 1 following the date of issue. Licenses may be renewed from year to year upon payment of the requisite fee. Proceeds from such fees shall be deposited with the State Treasurer for credit to the State Department of Transportation Public Road and Bridge Fund.
(Acts 1967, No. 643, p. 1455, §5.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-245 - License - Conditions.

Section 23-1-245
License - Conditions.
No license shall be granted for the establishment, maintenance, or operation of a junkyard within 1,000 feet of the nearest edge of right-of-way of any highway on the interstate or primary system, except:
(1) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the system or otherwise removed from sight;
(2) Those located within areas which are zoned for industrial use under authority of law;
(3) Those located within unzoned industrial areas, which areas shall be determined by actual land uses and defined by regulations promulgated by the director; or
(4) Those which are not visible from the main-traveled way of the system.
(Acts 1967, No. 643, p. 1455, §6.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-246 - Screening - Existing Junkyards.

Section 23-1-246
Screening - Existing junkyards.
Any junkyard lawfully in existence on September 8, 1971, which is located within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system, shall be screened, if considered feasible by the director. The screening shall be at locations on the right-of-way or in areas outside the right-of-way acquired for such purposes, so as not to be visible from the main-traveled way of the interstate or primary system.
(Acts 1967, No. 643, p. 1455, §7.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-247 - Screening - Rules and Regulations.

Section 23-1-247
Screening - Rules and regulations.
The director shall have the authority to promulgate rules and regulations governing the location, planting, construction, and maintenance, including the materials used, in screening junkyards as required under provisions of this division.
(Acts 1967, No. 643, p. 1455, §8.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-248 - Authority of Director - Acquisition of Land.

Section 23-1-248
Authority of director - Acquisition of land.
(a) When the director determines that the topography of the land adjoining the interstate or primary systems will not permit adequate screening of such junkyards or that screening would not be economically feasible, the director shall have the authority to acquire by gift, purchase, exchange, or eminent domain such interests in lands as may be necessary, including fee simple title, to secure the relocation, removal, or disposal thereof.
(b) When the director determines that it is in the best interest of the state, he may acquire such lands upon payment of just compensation to the owners, or interest in said lands as may be necessary to provide adequate screening of such junkyards.
(c) Damages resulting from any taking of property in eminent domain shall be ascertained in the manner provided by law.
(Acts 1967, No. 643, p. 1455, §9.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-249 - Authority of Director - Regulations; Agreements With United States Department of Transportation.

Section 23-1-249
Authority of director - Regulations; agreements with United States Department of Transportation.
The director may:
(1) Promulgate regulations he deems necessary to implement and enforce provisions of this division; and
(2) Enter into agreements with the United States Department of Transportation pursuant to Title 23, United States Code, and any amendments thereto, relating to the control of junkyards in areas adjacent to the interstate and primary systems and to take action in the name of the state to comply with the terms of this agreement.
(Acts 1967, No. 643, p. 1455, §11.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-250 - Penalty for Violation of Division; Abatement of Nuisances.

Section 23-1-250
Penalty for violation of division; abatement of nuisances.
The establishment, operation, or maintenance of any junkyard contrary to the provisions of this division shall be a public nuisance. Any person, partnership, or corporation that establishes, maintains, or operates any junkyard contrary to the provisions of this division shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be penalized by a fine of not less than $100.00 nor more than $1,000.00, said fine to be applicable only after receipt by said person, partnership, or corporation of written notification that said person, partnership, or corporation is violating any provision of this division and their failure to comply with the requirements contained in this division within 30 days from the date of the receipt of said notice, and in addition thereto, the director may apply to the circuit court of the county in which said junkyard may be, for an injunction to abate such nuisance.
(Acts 1967, No. 643, p. 1455, §10.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 2 - Junkyard Control. › Section 23-1-251 - Construction of Division.

Section 23-1-251
Construction of division.
Nothing in this division shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which are more restrictive than the provisions of this division.
(Acts 1967, No. 643, p. 1455, §12.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-270 - Short Title.

Section 23-1-270
Short title.
This division shall be known as and may be cited as the "Highway Beautification Act - Outdoor Advertising."
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-272 - Declaration of Policy.

Section 23-1-272
Declaration of policy.
The Legislature hereby finds and declares:
(1) That outdoor advertising is a legitimate commercial use of private property adjacent to roads and highways;
(2) That the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to interstate highways and primary highways should be regulated in order to protect the public investment in such highways, to promote the recreational value of public travel, to preserve natural beauty, and to promote the reasonable, orderly, and effective display of such signs, displays, and devices;
(3) That outdoor advertising is an integral part of the business and marketing function and an established segment of the national economy and should be allowed to operate in business areas;
(4) Regulatory standards set forth in Section 23-1-274 are consistent with customary use in this state and will properly and adequately carry out each and all of the purposes of this division; and
(5) Motorist directional signs are essential to the economic interests of the state and the interests of the traveling public; therefore, no motorist directional sign not otherwise permitted under Section 23-1-273 shall be removed on a statewide basis, unless by mutual agreement between the sign owner and the State Department of Transportation, until all other nonconforming signs are removed.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §2; Acts 1979, No. 79-672, p. 1183.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-276 - Erection or Maintenance of Signs - Name and Address of Owner and Date of Erection to Appear on Signs, Etc.

Section 23-1-276
Erection or maintenance of signs - Name and address of owner and date of erection to appear on signs, etc.
Each sign or structure regulated by this division shall have stated thereon the name and address of the owners thereof and the date of its erection; provided, that if the address of the owner is on file with the director, it need not be stated on such sign or structure.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §10.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-277 - Erection or Maintenance of Signs - Exceptions to Sections 23-1-275 and 23-1-276.

Section 23-1-277
Erection or maintenance of signs - Exceptions to Sections 23-1-275 and 23-1-276.
The provisions of Sections 23-1-275 and 23-1-276 shall not be applicable to signs of less than one square foot in area, excluding the support, erected by a public utility to mark the location of any buried telephone cable, electric power line, gas line, waterline, or other underground public utility facility, for the protection of the facilities of the public utility.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §18.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-280 - Nonconforming Signs - Just Compensation to Be Paid Upon Removal of Signs.

Section 23-1-280
Nonconforming signs - Just compensation to be paid upon removal of signs.
Just compensation shall be paid by the removing authority upon the removal of any of the following signs which are not then in conformity with this division whether or not removed pursuant to or because of this division:
(1) Signs lawfully in existence on February 10, 1972.
(2) Signs lawfully in existence on land adjoining any highway made an interstate or primary highway after February 10, 1972.
(3) Outdoor advertising signs, displays, or devices erected with the purpose of their message being read from the main-traveled way of any interstate highway or primary highway erected outside of an urban area and beyond 660 feet of the edge of the right-of-way of an interstate or primary highway erected prior to April 11, 1978, and not otherwise lawful under Section 23-1-273.
(4) Signs lawfully erected on or after February 10, 1972.
Notwithstanding any provision of law to the contrary, no removing authority shall remove or cause to be removed, or cause the alteration in any manner of, any lawfully erected sign along any public street or highway within the state without paying just compensation. Amortization for whatever period shall not constitute just compensation.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §7; Acts 1978, No. 383, p. 347; Acts 1979, No. 79-672, p. 1183; Acts 1988, No. 88-228, p. 360; Acts 1995, No. 95-566, p. 1182, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-281 - Nonconforming Signs - Just Compensation - for What Paid.

Section 23-1-281
Nonconforming signs - Just compensation - For what paid.
The just compensation required by the provisions of Section 23-1-280 shall be paid for the following:
(1) The taking from the owner of such sign, all right, title, and interest in and to such sign, and his leasehold relating thereto, and compensation therefor, including severance damage to the remaining portion of the sign, shall be included in the amounts paid to the respective owner, exclusive of any damage of factories involved in manufacturing, erection, maintenance, or servicing of any outdoor advertising signs or displays.
(2) The taking from the owner of the real property on which the sign is located or the right to erect and maintain such signs thereon.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §8.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-282 - Nonconforming Signs - Just Compensation - to Whom Paid; Agreements; Civil Actions.

Section 23-1-282
Nonconforming signs - Just compensation - To whom paid; agreements; civil actions.
(a) Compensation required under the provisions of Sections 23-1-280 and 23-1-281 shall be paid to the person or persons entitled thereto. If the director and the owner or owners reach an agreement on the amount of compensation payable to such owner or owners in respect to any removal or relocation, the director may pay such compensation to the owner or owners and thereby acquire or terminate his rights or interest as by purchase; provided, that any sign, display or device lawfully in existence along the interstate system or the federal-aid primary system on February 10, 1971, which is not in conformity with the provisions contained in this division shall not be required to be removed until just compensation has been paid therefor. Notwithstanding any other provision of this division, no sign, display or device otherwise required to be removed under this division, for which just compensation is authorized to be paid by the director, shall be required to be removed if the federal share of at least 75 percent of the just compensation to be paid upon removal of such sign, device or display is not available for such payment.
(b) If the director and the owner do not reach agreement as to such amount of compensation, the director may institute an action to have such compensation determined in a civil action. Such an action shall be instituted by filing a petition in the probate court of the county where the advertising device and land are located. Such action for determination of compensation shall thereupon proceed and be treated in accordance with the provisions of this title and Title 18 of this Code to the extent not inconsistent with the provisions of this division, the same as if such action had been commenced thereunder by a petition by the state for the taking of property under its power of eminent domain.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §9.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-283 - Nonconforming Signs - Just Compensation - Sufficient Federal Funds Required.

Section 23-1-283
Nonconforming signs - Just compensation - Sufficient federal funds required.
Despite any contrary provisions in this division, no sign shall be required to be removed unless at the time of removal there are sufficient funds, from whatever source, appropriated and immediately made available to the director with which to pay the just compensation required under Sections 23-1-280 through 23-1-282 and unless, at such time, the federal funds required to be contributed to this state under Section 131, Title 23, United States Code, have been appropriated and are immediately available to the state.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §17.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-284 - Agreement With United States Secretary of Transportation.

Section 23-1-284
Agreement with United States Secretary of Transportation.
The director, on behalf of the state, is authorized and directed to seek agreement with the Secretary of Transportation of the United States, acting under the provisions of Section 131, Title 23, United States Code, as amended, that the provisions of this division are in conformance with Section 131, Title 23, United States Code, and provide effective control of outdoor advertising signs as set forth therein.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §14.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-285 - Director Authorized to Accept Federal Funds.

Section 23-1-285
Director authorized to accept federal funds.
The director may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the purposes of Section 131, Title 23, United States Code, as amended, from time to time. The director shall take such steps as may be necessary, from time to time, to obtain from the United States, or the appropriate agency thereof, funds allotted and appropriated, pursuant to Section 131, Title 23, United States Code, for the purpose of paying the federal government's 75 percent share of the just compensation to be paid to sign owners and owners of real property under the terms of subsection (g) of Section 131, Title 23, United States Code, and Sections 23-1-280 through 23-1-282.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §15.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-286 - Rules and Regulations.

Section 23-1-286
Rules and regulations.
The Director of Transportation is hereby authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this division.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §16.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-287 - Disposition of Fees.

Section 23-1-287
Disposition of fees.
All fees collected for the issuance of permits provided for under this division shall be paid into the State Treasury to be credited to the Public Road and Bridge Fund.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §20.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9 - Highway Beautification. › Division 3 - Outdoor Advertising. › Section 23-1-288 - Penalty for Violation of Division, Etc.

Section 23-1-288
Penalty for violation of division, etc.
Whoever erects or maintains a sign in violation of the provisions of this division or in violation of rules and regulations promulgated by the director under the provisions of this division shall be guilty of a Class C misdemeanor and shall upon conviction be punished as provided in Title 13A.
(Acts 1971, 3rd Ex. Sess., No. 276, p. 4544, §13; Acts 1978, No. 383, p. 347.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9A - Alabama Scenic Byways Program. › Section 23-1-290 - Short Title.

Section 23-1-290
Short title.
This article shall be known as "Alabama the Beautiful Act."
(Act 2000-589, p. 1076, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9A - Alabama Scenic Byways Program. › Section 23-1-291 - Legislative Findings.

Section 23-1-291
Legislative findings.
The Legislature finds that certain portions of the state highway system provide access to state locales that are notable for their scenic, natural, historic, recreational, cultural, and archaeological value and are therefore worthy of designations as scenic byways in order to provide special consideration of their unique features and special role in the highway system. The Legislature further finds that the public interest would be served by the formation of a coordinated scenic byways program to enhance recreational, cultural, and archaeological resources, encourage economic development through tourism, improve the transportation system, and educate residents and visitors on the history, culture, and natural beauty of this state. In order to implement this program, the Legislature has determined that a two-tiered structure would best serve the governance of the Alabama Scenic Byways program. The Legislature recognizes that the application of this article is meant to add value to the community, and that public involvement, specifically the rights and interests of private property owners, must be considered in implementing provisions of this article and in the designation of byways. Specifically, any such actions taken which affect private property are subject to statutes and regulations otherwise established in accordance with the United States Constitution and the Constitution of Alabama of 1901.
(Act 2000-589, p. 1076, §2.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9A - Alabama Scenic Byways Program. › Section 23-1-292 - Program Established.

Section 23-1-292
Program established.
The Alabama Scenic Byways program is hereby established through a two-tiered system consisting of a Designating Committee and an Advisory Council. Appointments to the committee and the council shall be made within 30 days and 45 days, respectively, of August 1, 2000. Organizational meetings of the committee and the council shall be held within 60 days of August 1, 2000. The Advisory Council and the Designating Committee may adopt such organizational and administrative rules and procedures deemed necessary to conduct business.
(Act 2000-589, p. 1076, §3.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9A - Alabama Scenic Byways Program. › Section 23-1-293 - Designating Committee.

Section 23-1-293
Designating Committee.
(a) The Designating Committee shall consist of a state legislator to be appointed by the Governor, a state Senator appointed by the President Pro Tempore of the Senate, a member of the House of Representatives appointed by the Speaker of the House, and the heads, or their official designees, of the following seven departments:
(1) The Alabama State Department of Transportation.
(2) The Alabama Bureau of Tourism and Travel.
(3) The Alabama Historical Commission.
(4) The Alabama Council on the Arts.
(5) The Alabama Department of Economic and Community Affairs.
(6) The Alabama Department of Conservation and Natural Resources.
(7) The Alabama Forestry Commission.
(b) The Designating Committee shall perform the following duties:
(1) Designate as scenic byways from the highways recommended to it by the Advisory Council, as provided in subsection (d) of Section 23-1-294.
(2) Advise the Governor and the Legislature of each designation.
(3) Adopt procedures for the administration of designating and managing scenic byways.
(4) Remove the designation of a highway as a scenic byway where it deems appropriate.
(Act 2000-589, p. 1076, §4.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 9A - Alabama Scenic Byways Program. › Section 23-1-295 - Nomination of Potential Scenic Byways.

Section 23-1-295
Nomination of potential scenic byways.
The Advisory Council shall evaluate initial applications. Local governments in conjunction with the Advisory Council shall perform a field survey of the byway and score its qualities, with special attention paid to the scenic quality of the roadway. The following criteria and procedures shall be used for nominating potential scenic byways:
(1) Any road corridor shall have at least one of the following six intrinsic qualities to be nominated: Scenic, natural, cultural, historic, archaeological, and recreational.
(2) Each nomination shall be made and supported by a sponsor, including, but not limited to, any of the following: An historic preservation group, an environmental group, another nongovernmental organization, a local government, or an individual.
(3) The sponsor or sponsors of a potential scenic byway shall complete an application form and submit it to the Advisory Council.
(4) Special consideration or first priority shall be given the Alabama's 10 Environmental Natural Wonders, Civil War, Native American, and Civil Rights sites, and the Robert Trent Jones Trail, due to their particular importance to Alabama's scenic, historic, cultural, and recreational heritage. Special consideration or first priority shall also be given to counties with the highest unemployment rates and the slowest rates of economic growth. These sites shall go through the normal nomination procedure.
(5) Nominations shall be accepted on an ongoing basis, but shall be evaluated and passed on to the Designating Committee on a semi-annual basis, beginning one year from August 1, 2000.
(Act 2000-589, p. 1076, §6.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-300 - Purpose and Construction of Article.

Section 23-1-300
Purpose and construction of article.
(a) It is the intention of the Legislature by the passage of this article to authorize the incorporation of the Director of Finance, the Director of Transportation, the Attorney General, the State Treasurer, and the Governor of Alabama for the purposes of establishing the program Roads and Bridges to Alabama's Future and of anticipating and providing for the federal share of the cost of constructing federal aid projects and thus to accelerate the construction of such federal aid projects in the state by the issuance of the obligations of such corporation, which shall not be bonds or debts of the state but shall be payable solely from federal aid highway funds and the tax proceeds and investment income provided therefor by this article.
(b) This article shall be liberally construed in conformity with the said purpose.
(Acts 1976, No. 565, p. 764, §1; Acts 1981, No. 81-387, p. 574, §1; Acts 1988, No. 88-652, p. 1041, §1; Acts 1992, No. 92-204, p. 495, §1; Act 2000-727, p. 1558, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-302 - Incorporation - Authorization.

Section 23-1-302
Incorporation - Authorization.
The Director of Finance, the Director of Transportation, the Attorney General, the State Treasurer, and the Executive Secretary to the Governor may become a corporation with the powers and authorities provided in this article by proceeding according to the provisions of this article.
(Acts 1976, No. 565, p. 764, §3.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-303 - Incorporation - Application.

Section 23-1-303
Incorporation - Application.
(a) To become a corporation, the Director of Finance, the Director of Transportation, the Attorney General, the State Treasurer and the Executive Secretary to the Governor shall present to the Secretary of State of Alabama an application signed by them which will set forth:
(1) The name, official designation and official residence of each of the applicants;
(2) The date on which each applicant was inducted in the office and the term of office of each of the applicants;
(3) The name of the proposed corporation, which shall be Alabama Federal Aid Highway Finance Authority;
(4) The location of the principal office of the proposed corporation; and
(5) Any other matter relating to the proposed corporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.
(b) The application shall be subscribed and sworn to by each of the applicants before an officer authorized by laws of the State of Alabama to take acknowledgments to deeds.
(c) The Secretary of State shall examine the application and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
(Acts 1976, No. 565, p. 764, §4.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-304 - Incorporation - Certificate.

Section 23-1-304
Incorporation - Certificate.
(a) When the application has been made, filed and recorded as provided in Section 23-1-303, the applicants shall constitute a corporation under the name proposed in the application and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article under the Great Seal of the State and shall record the same with the application.
(b) There shall be no fees paid to the Secretary of State for any work in connection with the incorporation or dissolution of the corporation so organized.
(Acts 1976, No. 565, p. 764, §5.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-305 - Corporation - Generally.

Section 23-1-305
Corporation - Generally.
(a) The members of the corporation shall be the Governor, the Director of Finance, the Director of Transportation, the Attorney General, and the State Treasurer and their respective successors in office.
(b) The Governor shall be the president of the corporation, the Director of Finance shall be the vice-president of the corporation, the Director of Transportation shall be the secretary of the corporation, and the State Treasurer shall be the treasurer of the corporation and shall act as custodian of its funds.
(c) The members of the corporation shall constitute all the members of the board of directors of the corporation, and any three members of said board of directors shall constitute a quorum for the transaction of business.
(d) Should any of said officials of the state die or should his term of office as Director of Finance, Director of Transportation , Attorney General, State Treasurer, or Governor, as the case may be, expire or should he resign therefrom, his successor in office shall take his place as a member, officer, and director of the corporation.
(e) No member, officer, or director of the corporation shall draw any salary in addition to that now authorized by law for any service he may render or any duty he may perform in connection with the corporation.
(f) All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the corporation and recorded in a substantially bound book. Copies of such proceedings, when certified by the secretary of the corporation under the seal of the corporation, shall be received in all courts as prima facie evidence of the matters and things therein certified.
(Acts 1976, No. 565, p. 764, §6; Act 2000-727, p. 1558, §3; Act 2014-105, p. 169, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-306 - Corporation - Powers.

Section 23-1-306
Corporation - Powers.
The corporation shall have the following powers:
(1) To have perpetual succession by its corporate name unless sooner dissolved pursuant to Section 23-1-318.
(2) To commence actions and have actions commenced against it, provided, however, that the corporation shall be considered a public agency performing state governmental functions and shall be immune from suit based on its acts or omissions or those of its agents, servants, or employees to the extent the State of Alabama is so immune, and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties. Venue shall be in the appropriate court of the county in which the principal office of the corporation is located.
(3) To have and to use a corporate seal and to alter the same at pleasure.
(4) To construct, reconstruct and relocate or to cause to be constructed, reconstructed and relocated federal aid projects, including work incidental or related thereto, in the State of Alabama.
(5) To acquire by purchase, gift or condemnation or any other lawful means or any combination of such means and to convey or cause to be conveyed to the State of Alabama any real, personal, or mixed property necessary or convenient in connection with the construction of federal aid projects and approaches thereto in the State of Alabama or the reconstruction or relocation of federal aid projects in said state.
(6) To exercise the right of eminent domain as freely and completely as, and in the same manner that, the State of Alabama is empowered to exercise such right.
(7) To borrow money for its corporate purposes and in evidence of such borrowing to sell and issue its obligations and to refund such obligations.
(8) To pledge the proceeds of the appropriations and pledges provided for in this article as security for payment of the principal of and the interest on its obligations.
(9) To appoint and employ such officers, attorneys and agents as the business of the corporation may require.
(10) To utilize all administrative services which may be provided by the State Department of Transportation .
(Acts 1976, No. 565, p. 764, §7; Acts 1981, No. 81-387, p. 574, §3; Acts 1988, No. 88-652, p. 1041, §3; Acts 1992, No. 92-204, p. 495, §1; Act 2000-727, p. 1558, §4.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-307 - Bonds and Notes - Authorization for Issuance.

Section 23-1-307
Bonds and notes - Authorization for issuance.
The authority shall have the power and is hereby authorized and empowered to sell and issue its bonds in order to provide as soon as practicable the federal share of the cost of constructing federal aid projects in anticipation of the receipt by the state of such federal portions as they become available either during, upon or after completion of such construction. The authority shall have the power, in addition to any other powers granted in this article, to borrow money for temporary use for any of the purposes for which it is authorized by this article to issue bonds and, in evidence of such borrowing, to issue from time to time temporary bonds or notes. Any such temporary borrowing may be made in anticipation of the sale and issuance of bonds and in such event the principal proceeds from the sale of such bonds shall, to the extent necessary, be used for payment of the principal of and interest on the temporary bonds or notes issued in anticipation of the sale and issuance of such bonds. Subject to the provisions and limitations contained in this article, the authority may, from time to time, sell and issue refunding bonds for the purpose of refunding any matured or unmatured obligations of the authority issued under this article and then outstanding.
(Acts 1976, No. 565, p. 764, §8; Acts 1981, No. 81-387, p. 574, §4; Acts 1988, No. 88-652, p. 1041, §4; Acts 1992, No. 92-204, p. 495, §1; Act 2000-727, p. 1558, §5.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-308 - Bonds and Notes - Form, Denominations, Terms, Redemption, Etc.

Section 23-1-308
Bonds and notes - Form, denominations, terms, redemption, etc.
Any obligations authorized by this article shall be in such forms and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable and evidenced in such manner and may contain other provisions not inconsistent with this article as may be provided in the resolution or resolutions of the board of directors in which such obligations are authorized to be issued; provided, that none of the bonds shall have a maturity date later than 20 years after its date and none of the temporary bonds or notes shall have a maturity date later than three years after its date. The authority may at its election retain in the resolution or resolutions under which any obligation is issued an option to redeem all or any thereof at such redemption price or prices and after such notice or notices and on such terms and conditions as may be set forth in the said resolution or resolutions and as may be briefly recited in the face of such obligation with respect to which such option of redemption is retained.
(Acts 1976, No. 565, p. 764, §9; Acts 1981, No. 81-387, p. 574, §5; Act 2000-727, p. 1558, §6.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-309 - Bonds and Notes - Execution.

Section 23-1-309
Bonds and notes - Execution.
The obligations authorized by this article shall be signed by the president or vice-president of the authority, as the board of directors shall designate, and attested by its secretary or an assistant secretary, as the board of directors shall designate; provided, that a facsimile of the signature of one but not of both of the said officers may be printed or otherwise reproduced on any of the obligations authorized by this article in lieu of their being manually signed. The seal of the authority shall be impressed on the bonds and temporary bonds authorized by this article; provided, that a facsimile of the said seal may be printed or otherwise reproduced in lieu of being manually impressed thereon.
(Acts 1976, No. 565, p. 764, §10; Acts 1981, No. 81-387, p. 574, §6; Act 2014-105, p. 169, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-310 - Bonds and Notes - Issuance and Sale Generally.

Section 23-1-310
Bonds and notes - Issuance and sale generally.
Obligations of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board of directors to be most advantageous; provided, that none of the obligations may be sold for a price less than 97 percent of par or face value. Approval by the Governor of Alabama of the terms and conditions under which any of the obligations authorized by this article may be issued shall be requisite to their validity, which approval, signed by the Governor, shall be entered on the minutes of the respective meetings of the board of directors at which such obligations proposed to be issued are authorized. Neither a public hearing or consent by the state Department of Finance nor any other department or agency shall be a prerequisite to the issuance of any of the obligations. All obligations issued by the authority shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates, including, but without limitation to, the provisions of Chapter 8 of Title 8 of this code, as it now exists and as it may at any time be amended.
(Acts 1976, No. 565, p. 764, §11; Acts 1981, No. 81-387, p. 574, §7.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-311 - Bonds and Notes - Source of Funds; Pledge of Funds for Payment of Principal and Interest Thereon; Negotiability.

Section 23-1-311
Bonds and notes - Source of funds; pledge of funds for payment of principal and interest thereon; negotiability.
(a) The obligations authorized by this article shall not be general obligations of the authority, but shall be payable solely out of the funds appropriated and pledged in or permitted to be pledged pursuant to Sections 23-1-314 and 23-1-315.
(b) As security for the payment of the principal of and interest on the obligations issued by it under this article, the authority is hereby authorized and empowered to pledge for payment of the principal and interest the funds that are appropriated and pledged in or permitted to be pledged pursuant to Sections 23-1-314 and 23-1-315 for payment of principal and interest, and to pledge all of such funds or only certain of such funds for payment of principal and interest, all within the discretion of the authority.
(c) Any notes or temporary bonds issued under this article shall also be payable from the proceeds of any bonds in the anticipation of which such notes or temporary bonds are issued.
(d) All contracts made and all obligations issued by the authority pursuant to the provisions of this article shall be solely and exclusively the obligation of the authority and shall not be an obligation or debt of the state.
(e) Any obligation issued under this article, except bonds or temporary bonds registered as to principal or as to both principal and interest, and any interest coupons applicable thereto, shall be construed to be negotiable instruments although payable solely from a specified source as provided in this article.
(Acts 1976, No. 565, p. 764, §12; Acts 1981, No. 81-387, p. 574, §8; Act 2014-105, p. 169, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-312 - Bonds and Notes - Exemption From Taxation; Use as Security for Deposits; Eligibility as Investment for Fiduciary Funds.

Section 23-1-312
Bonds and notes - Exemption from taxation; use as security for deposits; eligibility as investment for fiduciary funds.
(a) Any obligations authorized by this article and the income therefrom shall be exempt from all taxation in the state.
(b) Any of the obligations authorized by this article may be used by the holder thereof as security for the deposit of any funds belonging to the state or to any instrumentality or agency of the state in any instance where security for such deposits may be required by law.
(c) Unless otherwise directed by the court having jurisdiction thereof or by the document that is the source of power, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest fiduciary funds in any of the obligations authorized by this article.
(Acts 1976, No. 565, p. 764, §13.)