Title 11 — Title 11
0 chapters · 2,499 sections in this title.
Ala. Code § 11-17-1 Petition for Appointment of Commission to Locate or Enlarge, Mark
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Boundaries, Etc., of Burial Places, Graveyards or Cemeteries. Five or more citizens may petition the judge of probate of any county in which any burial place, graveyard, or cemetery is located, requesting him to appoint a commission to locate, mark the boundaries, plat and survey…
Ala. Code § 11-17-10 Appeals from Assessment of Damages - Conduct of Hearing Generally;
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Establishment of Damages by Jury. On the hearing of such trial, the court shall cause an issue to be made between the parties interested to ascertain the amount of damages for the property taken or injured in locating the burial place. Either party may examine witnesses on such t…
Ala. Code § 11-17-11 Appeals from Assessment of Damages - Entry of Judgment for
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Damages and Costs. The court shall enter an appropriate order of judgment of the court based upon the verdict of the jury fixing the amount of damages and awarding the costs against the parties as may seem proper to the court. History: (Code 1907, §96; Code 1923, §101; Code 1940,…
Ala. Code § 11-17-12 Property Not Deemed Dedicated until Damages and Costs Paid
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The property set apart for burial places as provided in this chapter shall not be deemed as dedicated as provided in this chapter until all damages and costs awarded shall have been paid into the probate court by the parties interested in the proceedings. History: (Code 1907, §97…
Ala. Code § 11-17-13 Preservation, Repair, Etc., of Public or Private Burial Places, Etc.,
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Declared Charitable Purposes; Conveyances, Devises, Etc., of Burial Places for Such Purposes Deemed to Create Charitable Trusts. The preservation, repair, and maintenance of public or private burial places or burial lots and the preservation, repair, maintenance, embellishment, i…
Ala. Code § 11-17-14 Burial Societies, Cemeteries, Etc., Empowered to Accept Conveyances,
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Devises, Etc., and to Act as Trustees. Every burial society or burial association organized under the laws of this state and every corporation having power to act as trustee or engage in the business of owning, controlling, and maintaining private or public cemeteries are hereby …
Ala. Code § 11-17-15 Trusts Created by Conveyances, Devises, Etc., May Be Perpetual;
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Terms and Conditions of Same. Any trust created by any such conveyance, transfer, devise, or bequest may be perpetual or for any other length of time and may be made subject to any lawful terms and conditions which shall not be inconsistent with the uses for which such burial pla…
Ala. Code § 11-17-16 Validation, Etc., of Prior Conveyances, Bequests, Etc
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All conveyances, transfers, devises, and bequests for any purpose set out in section 11-17-13 made prior to July 2, 1931, are hereby validated, ratified, and confirmed. History: (Acts 1931, No. 336, p. 393; Code 1940, T. 12, §223.)
Ala. Code § 11-17-2 Commission - Appointment; Notice of Appointment and Issuance of
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Commission to Members. Upon the filing of such petition, the judge shall appoint a commission, not to exceed five nor less than three, to locate the boundaries, survey, map, and plat such burial place and shall forthwith notify each member of such commission of his appointment an…
Ala. Code § 11-17-3 Commission - Establishment and Marking of Boundaries; Preparation
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and Filing of Reports. Within 60 days after their appointment, the commission shall meet at the proposed burial place, fix the boundaries and mark with posts, brick, stone, or other durable material the graveyard to be established or enlarged and shall make their report in writin…
Ala. Code § 11-17-4 Commission - Assessment and Report of Damages from Taking of
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Property, Etc. The commission shall also assess the damages suffered by any person by reason of the taking of his property or injury thereto in locating and marking boundaries for burying places, which shall be included in their reports to the probate judge and shall state the na…
Ala. Code § 11-17-5 Recordation of Proceedings Upon Payment of Damages and Costs
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Upon the payment to the probate judge by the petitioners of the amount of damages assessed, together with the costs of the proceedings, the judge shall cause such proceedings to be recorded in the probate office in said county. History: (Code 1907, §90; Code 1923, §95; Code 1940,…
Ala. Code § 11-17-6 Dedication to Public and Use of Burial Place
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After such proceedings are recorded, the burial place so located, bounded or enlarged as shown by such proceedings shall be thereafter dedicated to the public and may be used for a burying place. History: (Code 1907, §91; Code 1923, §96; Code 1940, T. 12, §213.)
Ala. Code § 11-17-7 Appeals from Assessment of Damages - Authorized
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Any party interested in such proceeding to locate and fix boundaries of burial places, as provided for in this chapter, may appeal to the probate court within 30 days from the filing of such report for the purpose only of fixing the amount of damages to the property taken or inju…
Ala. Code § 11-17-8 Appeals from Assessment of Damages - Bond
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Any person desiring to appeal as provided for in this chapter shall execute a bond in an amount to be fixed by the probate judge and payable to him for the use of any person injured, conditioned to prosecute such appeal to effect and to pay or perform such judgment as may be ente…
Ala. Code § 11-17-9 Appeals from Assessment of Damages - Establishment of Date for
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Hearing; Summoning and Empaneling of Jurors; Notice of Hearing. On the approval of such appeal bond by the probate judge, he shall set a day for hearing the same, not less than 10 nor more than 30 days from that date, and must summon and empanel jurors as provided for in contests…