Title 11 — Title 11

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…

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,…

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.)

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…

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…

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…

The several counties of the state and the county commissions thereof, jointly, separately, and severally, are authorized with the approval of the governor but not compelled to acquire lands by donation or purchase, one or both, and make improvements thereon for county, state, nat…

Such lands may be used, among other things, for the following public purposes: (1) For the recreation, health, and betterment of the people within the county; (2) For the betterment and improvement of all useful and ornamental vegetable life, including agriculture, arborculture, …

As used in this article the following terms have the meanings hereby ascribed to them: (1) ESTABLISHING COUNTY. A county, the county commission of which has provided for the establishment of a park or recreational area or has designated land for the establishment thereon of a par…

The county commission of each county of the state is hereby authorized to acquire by purchase, condemnation, donation, or otherwise land situated within the county for the purpose of establishing and maintaining thereon a public park or recreational area. History: (Acts 1970, Ex.…

The power conferred by Section 11-18-21 authorizes the county commission of the establishing county to acquire in any manner prescribed in said Section 11-18-21 land situated in any adjoining county for the purpose of establishing and maintaining thereon a park or recreational ar…

and Maintenance. The county commission is authorized to appropriate and expend funds of the county in acquiring land as provided for in Sections 11-18-21 and 11-18-22 and in establishing and maintaining a park or recreational area on any land so acquired. History: (Acts 1970, Ex.…

Any county may cooperate with another county in the acquisition of land for the establishment of a park or recreational area. History: (Acts 1970, Ex. Sess., No. 12, p. 2613, §4.)

The county commission is authorized, with the approval of the Governor, to appoint a board of three trustees for the acquisition and maintenance of said lands and property. Said trustees shall be graduates of some high school or some reputable college, shall be men or women of pu…

For the purposes of this chapter, the following words and phrases unless otherwise clearly indicated shall have the following meanings: (1) COUNTY GOVERNING BODY. The county commission of each county in this state. (2) FLOOD or FLOODING. The general and temporary condition of par…

or Studies; Right of Entry Upon Lands for Preparation of Examinations and Surveys. (a) It shall be the function and duty of the county planning commission to make and maintain comprehensive surveys and studies of existing conditions and probable future developments in the flood-p…

Adopted Regulations to Probate Judge. The county commission is hereby authorized to enact an ordinance regulating the platting and recording of any subdivision of land as defined by this chapter lying within the flood-prone area of the county. The county planning commission shall…

In exercising the powers granted to it by this chapter, the county planning commission shall prepare and recommend to the county commission for adoption regulations governing the subdivision of land within the flood-prone area of the county. Such regulations may provide for the h…

Whenever subdivision regulations have been adopted by the county commission as provided in Section 11-19-11, then no plat of a subdivision that lies within the flood- prone area of the county shall be filed or recorded in the office of the judge of probate of the county until it …

Approval, Etc. The county planning commission shall act to approve or disapprove a subdivision plat within 30 days after its submission; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the county planning commission o…

Plat. Whoever, being the owner or agent of the owner of any land located within a subdivision within the flood-prone areas transfers or sells or agrees to sell or negotiates to sell any land by reference to, or exhibition of or by other use of a plat of a subdivision before such …

For the purpose of promoting the health, safety, morals, convenience, order, prosperity, and general welfare of the state and counties, any county commission is hereby empowered to divide the portion of the county within the flood-prone area of the county into districts of such n…

For the purpose of providing for the division of the territory into districts, consonant with the conditions provided in this section, the county planning commission may make and certify to the county commission a single zoning plan for all the territory of the area which lies wi…

Ordinance and Map. (a) The planning commission shall have the duty of preparing a zoning plan, including both the written provisions of the ordinance and a map or maps showing the district boundaries. The commission may hold such public hearings as it deems necessary concerning t…

In availing itself of the powers conferred by this chapter, the county commission shall provide for the appointment of a board of adjustment and may provide that the said board of adjustment shall, in appropriate cases and subject to appropriate conditions and safeguards, make sp…

Because of the great financial and economic loss, as well as human suffering, caused by floods and flooding in this state and despite plans and programs directly or indirectly affecting the control of flood waters and the reduction of flooding, there also exists a clear and defin…

Any party aggrieved by any final judgment or decision of a board of adjustment established pursuant to the provisions of this chapter may within 15 days thereafter appeal therefrom to the court having jurisdiction within the county wherein the affected property of the aggrieved p…

Construction of Buildings, Subdivision or Use of Lands, Etc. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any subdivision is established or land used in violation of this chapter or of any ordinance or o…

Any person, firm, corporation or agency who, in violation of this chapter, fails to obtain the permit required herein or who violates any provision of the building code or zoning ordinances or other regulation, ordinance, or code shall be guilty of a misdemeanor and, upon convict…

Ordinances, Regulations, Etc. Wherever the regulations made under authority of this chapter require a greater width or size of yards or open spaces, or require a lower height of buildings, or require a greater percentage of lot to be left unoccupied. or impose other higher standa…

Granted to Utilities. This chapter shall not be construed to impair the right of eminent domain granted heretofore or hereafter by the laws of this state to utilities, whether public or private, or their right to design, locate, erect, construct, reconstruct, alter, or maintain u…

Areas Outside Municipalities. The county commission in each county of this state is hereby authorized and may adopt zoning ordinances and building codes for flood-prone areas which lie outside the corporate limits of any municipality in the county. Each such county commission sha…

Land-use and control measures shall provide land-use restrictions based on probable exposure to flooding. Measures specified in this section shall: (1) Prohibit inappropriate new construction or substantial improvements in the flood-prone areas; (2) Control land uses and elevatio…

In addition to land-use restrictions commensurate with the degree of the flood hazards in various parts of the area, there shall be such subdivision regulations as may be necessary: (1) To prevent the inappropriate development of flood-prone lands; (2) To encourage the appropriat…

Building codes and health regulations shall include all applicable state and local provisions and shall cover all public and private construction and development in flood-prone areas, including, but not limited to, private homes, farm buildings, all buildings (except accessory bu…

Development in Flood-Prone Areas; Issuance of Permits and Fees Therefor; Disposition of Fees. The county commission desiring to participate in this program shall require every person, firm, corporation, or agency to submit plans and specifications for all proposed construction an…

Appointment, Terms of Office, Removal and Compensation of Members; Vacancies. The county commission may, by resolution or ordinance, create a county planning commission for the purpose of enforcing this chapter. The county commission shall appoint not less than five nor more than…

Record of Transactions, Etc.; Officers; Meetings; Appointment of Employees and Staff; Acceptance and Expenditure of Funds. The county planning commission shall adopt bylaws for the transaction of business and shall keep a record of its transactions, resolutions, findings, and det…

Wherever used in this article, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, here shall be given the following respective interpretations: (1) PROJECT. Any land and any building or other improvement thereon…

Bonds issued under the provisions of this article shall be legal investments for savings banks and insurance companies organized under the laws of this state. History: (Acts 1961, Ex. Sess., No. 178, p. 2147, §10.)

Lands Therefor. No county shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project and shall not have the power to use land already owned by the county or in which the county has an equity for construction thereon o…

The bonds authorized by this article and the income therefrom, all mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof and all projects and the revenue derived from any lease thereof shall be exempt from all taxation in the State o…

Neither this article nor anything herein contained shall be construed as a restriction or limitation upon any powers which a county might otherwise have under any laws of this state, but shall be construed as cumulative, and this article shall not be construed as requiring an ele…

(a) It is the intent of the Legislature by the passage of this article to authorize counties to acquire, own and lease projects for the purpose of promoting industry and trade by inducing manufacturing, industrial and commercial enterprises to locate in this state or to expand, e…

Generally. (a) In addition to any other powers which it may now have, each county shall have the following powers: (1) To acquire, whether by construction, purchase, gift or lease, one or more projects which shall be located within this state; (2) To lease to others (in the case …

Whenever used in this article, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following respective interpretations: (1) CORPORATION. Any corporation organized pursuant to the provisions of…

(a) It is the intent of the Legislature by the passage of this article to authorize the incorporation in the several counties in this state of public corporations to acquire, enlarge, improve, replace, own, lease and dispose of properties to the end that such corporations may be …

Governing Body Authorizing Incorporation; Incorporation of More Than One Corporation. Whenever any number of natural persons, not less than three, shall file with the governing body of any county of this state an application in writing for authority to incorporate in such county …

(a) The certificate of incorporation of any corporation organized under this article shall set forth: (1) The names and residences of the applicants together with a recital that each of them is an elector of and taxpayer in the county; (2) The name of the corporation, which shall…

Approval, and Recordation by Probate Judge. When executed and acknowledged in conformity with Section 11-20-33, the certificate of incorporation shall be filed with the judge of probate of the county. The judge of probate shall thereupon examine the certificate of incorporation a…