Title 9 — Title 9

Repealed by Act 2013-222, §11, effective August 1, 2013. History: (Act 2009-466, p. 826, §3.)

Repealed by Act 2013-222, §11, effective August 1, 2013. History: (Act 2009-466, p. 826, §4.)

Repealed by Act 2013-222, §11, effective August 1, 2013. History: (Act 2009-466, p. 826, §5.)

The following terms as used in this section shall have the following meanings: (1) DEPARTMENT. The Department of Conservation and Natural Resources. (2) GOVERNOR. The Governor of the State of Alabama. (3) GROUND LEASE. A lease of the project site which shall provide for the right…

(a) This chapter shall constitute complete and comprehensive authority for the taking of all actions necessary and desirable to put into effect the policy and purposes of this chapter. This chapter shall only apply to the property defined herein, and shall not be construed to app…

(a) Any state park or park property lying seaward of the current location of Alabama Highway 182 in Baldwin County, Alabama, shall not be sold. The project site and any portion thereof, including buildings and structures constructed on the project site, shall not be sold. (b) The…

Notwithstanding any other provision of this chapter, this chapter is contingent on the submission to and approval of a current market feasibility study by the Gulf State Park Project Committee. History: (Act 2013-222, p. 523, §3.)

(a) The Governor may issue requests for proposals, in part or in whole, for the construction, development, improvement, lease, and beneficial use of a project to persons whom the Governor shall have determined are qualified. (b) After the opening of the proposals, the proposals s…

Committee. (a) No later than 30 days after acceptance of a proposal by the Governor, the Governor shall submit the accepted proposal to the Director of Finance and Alabama Building Commission for evaluation, review, and comments pertaining to the information provided in the propo…

Any contract for the acquisition, construction, or installation of any part of the project that shall be paid for or financed with public funds shall be subject to the laws of the state now or hereafter in effect that require competitive bids for the contract, including, without …

(a) Any part of the project revenues which, by the terms of the project agreement, are subject to a claim in favor of the department or the state, or are payable or paid to the department or the state, shall be public funds and distributed in accordance with subsection (c). (b) A…

Subject to compliance with applicable provisions of the Constitution of Alabama of 1901, as amended, the state or any political subdivision of the state, upon approval by the governing body thereof in accordance with law and upon such terms and with or without consideration as it…

Other than project revenues, only National Resource Damage Assessment funds or Restore Act funds may be expended to implement this chapter. If the State of Alabama does not receive or has not been awarded any National Resource Damage Assessment funds or Restore Act funds for the …

This chapter shall be known and may be cited as the Alabama State Parks and Historical Facilities Enhancement Act. History: (Act 2021-409, §1.)

The bonds of each series thereof issued pursuant to this chapter shall be sold by the authority at public or private sale as provided in the amendment. The bonds shall be executed in the name of the state by the Governor and countersigned by the secretary of the authority issuing…

The proceeds derived from the sale of each series of the bonds issued pursuant to this chapter by the authority, other than refunding bonds, shall be paid into the State Treasury upon receipt thereof, and the State Treasurer shall keep such proceeds, as well as all income receive…

Upon order of the board of directors, all expenses incurred in connection with the authorization, preparation, sale, and issuance of bonds authorized by this chapter and by the amendment shall be paid out of the proceeds thereof. The proceeds remaining after payment of such expen…

For the purpose of refunding any bonds or refunding bonds of the authority issued under this chapter or any other state law or any combination thereof, whether such refunding shall occur before, at, or after the maturity of the bonds refunded and for the purpose of paying all pre…

All bonds, including refunding bonds, issued pursuant to this chapter, and the income therefrom, including the interest income thereon, shall be free from all taxation by the state or any county, municipality, or other political subdivision or instrumentality of the state, except…

All contracts of the authority for the improvement, renovation, equipping, acquisition, provision, construction, and maintenance of Alabama state parks under the jurisdiction of the Alabama Department of Conservation and Natural Resources and public historical sites and public hi…

(a) Except as provided otherwise in this act, the proceeds from the bonds issued by the authority and interest income thereon are appropriated as follows: Eighty million dollars ($80,000,000) of the bonds shall be used for the improvement, renovation, equipping, acquisition, prov…

At any time when no bonds of the authority are outstanding, the authority may be dissolved upon filing with the Secretary of State an application for dissolution, which shall be subscribed by each of the members of the authority and which shall be sworn to by each member before a…

The authority, on behalf of the state, shall have the power to provide for payments to the United States of America as the directors deem necessary to cause the interest on any bonds to be and remain exempt from federal income taxation. The authority shall have the power to make …

The Legislature hereby finds and declares all of the following: (1) That the state parks, public historical sites, and public historical parks provide essential services and outdoor recreation opportunities to Alabama residents and visitors. (2) State parks, public historical sit…

(a) For purposes of this chapter, the following terms have the following meanings: (1) AMENDMENT. The amendment to the Constitution of Alabama of 1901, proposed in Act 2021-326, authorizing the issuance of the bonds to be issued by the authority. (2) AUTHORITY. The Alabama State …

(a)(1) The Governor, the Lieutenant Governor or his or her designee, the President Pro Tempore of the Senate or his or her designee, the Speaker of the House of Representatives or his or her designee, the Commissioner of the Department of Conservation and Natural Resources, the D…

The authority shall have the following powers: (1) To have succession by its corporate name without time limit. (2) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties. (3) To have and to u…

In addition to any other powers provided in this chapter, the authority shall also have all of the following powers: (a) To improve, renovate, equip, acquire, provide, construct, and maintain Alabama state parks under the jurisdiction of the Department of Conservation and Natural…

The bonds issued pursuant to this chapter shall not be obligations of the authority but shall be general obligations of the state with the full faith and credit and taxing power of the state to be pledged to the prompt and faithful payment of the principal thereof and the interes…

The State Treasurer is authorized and directed to pay the principal, premium, if any, and interest on the bonds issued under this chapter, as the principal, premium, if any, and interest shall respectively mature, and he or she is further authorized and directed to maintain appro…

(a) The bonds of each series issued pursuant to this chapter may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof, and the principal of the bonds of each such series shall mature or be subject to mandatory redemption according …

As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) USED LANDS. Lands that are being utilized for the specific and immediate purposes of the state or of any institution or de…

Unused Lands. (a) If at any future time any institution or department of the State of Alabama shall deem it advisable to make use of any unused land owned by it, it shall notify the Land Agent, Department of Conservation and Natural Resources, who shall place said land on the “us…

(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 th…

Owned by State Institutions or Departments. It shall be the duty of the Land Agent, Department of Conservation and Natural Resources, to cause maps of each county of the State of Alabama to be prepared, showing thereon the location of any real estate owned by any institution or d…

for County Tax Assessors; Notice of Acquisition or Disposition of Lands. The Land Agent, Department of Conservation and Natural Resources, upon completion of records covering used lands and unused lands of the State of Alabama and institutions or departments of the State of Alaba…

It shall be the duty of the Department of Conservation and Natural Resources to ascertain what, if any, lands the state or any institution thereof is entitled to which have not been received, allocated to or set aside to the state or such institution and to take immediate and app…

Use of Same for Purpose for Which Suited. It shall be the duty of the Department of Conservation and Natural Resources as to all unused lands owned by the State of Alabama or any institution or department thereof to determine the best use to which said lands may be adapted and, t…

Charges for Administration, Protection, Mapping, Etc. Any revenues that shall accrue from the lands so managed by the Department of Conservation and Natural Resources subject to costs of administration shall be the property of the department or institution to which the lands belo…

In no case shall the charges for administering, managing, protecting, or developing the lands exceed 10 percent of the gross income derived from the lands. History: (Acts 1945, No. 341, p. 554, §9; Acts 1973, No. 1287, p. 2200, §1; Acts 1993, No. 93-631, p. 1077, §2.)

All funds which shall be retained by the Commissioner of Conservation and Natural Resources as charges against the income from any lands administered by the Department of Conservation and Natural Resources under authority of this article shall be delivered to the State Treasurer …

Lands, Etc. The Commissioner of Conservation and Natural Resources is hereby empowered to sell or cause to be sold timber or minerals or other natural resources from all lands managed or controlled under authority of this article when in his opinion he deems such timber or minera…

Management, Etc., of Lands in Counties. This article and its provisions shall in nowise affect any local law or general law of local application governing ownership, management or control of lands in any county or counties or disposition of revenues derived therefrom. History: (A…

Policy Generally. The Department of Conservation and Natural Resources shall have jurisdiction over and control of all unused lands, so long as they remain such, and shall look after and protect such lands from depredation so far as may be possible and shall recommend to the Gove…

Forest Culture; Use of Same as State Forests or State Parks. It shall be the duty of the Department of Conservation and Natural Resources as to all unused lands owned absolutely by the state to determine which of said lands are most suitable to be devoted to forest culture and to…

Indemnity Lands Patented to State by Federal Government; Utilization, Disposition, Etc., of Same Generally. (a) Title to all lands of the swamp and overflowed category or swamp and overflowed indemnity lands, which are, subsequent to September 5, 1951, patented to the State of Al…

Overflowed Lands, Etc. The Commissioner of Conservation and Natural Resources is hereby expressly authorized and empowered to have complete management of, and supervision over lands which are known as school lands, as defined by Section 16-20-1, which lands are vested in or which…

The Commissioner of Conservation and Natural Resources shall appoint a land clerk, with the approval of the Governor, who has had experience in dealing with public lands and who understands the system of survey and platting of the public lands of the United States. History: (Acts…

Whenever in the judgment of the Governor or the Commissioner of Conservation and Natural Resources it is proper that any of the lands described in Sections 9-15- 31 and 9-15-32 should be examined or evidence obtained for the protection of any of these lands, the land clerk may be…

and Trespass Laws - School Lands. The Commissioner of Conservation and Natural Resources is hereby empowered to have forestry practiced upon school lands, to supervise and inaugurate sound practices of forestry thereon, to put into effect and enforce state fire and timber trespas…