Title 35 — Title 35

(a) Certain information contained in a holder’s report to the Treasurer under this article, such as Social Security numbers, policy numbers, tangible property descriptions, and property dollar amounts, is not considered a public writing, but is confidential and exempt from the pr…

(a) An initial report filed under this article for property that was not required to be reported before May 12, 2004, but which is subject to this article must include all items of property that would have been presumed abandoned during the 10-year period next preceding May 12, 2…

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. History: (Act 2004-440, p. 755, §1.)

(1) ABANDONED MANUFACTURED DWELLING. A manufactured dwelling that satisfies either of the following circumstances: a. A tenant is absent from the premises of the manufactured dwelling following expiration of 30 days after default, termination, or expiration of the lease agreement…

A public or private sale authorized by this chapter shall be conducted consistent with the terms listed in Section 35-12A-8 and every aspect of the sale including the method, manner, time, place, and terms must be commercially reasonable. History: (Act 2003-516, 2nd Sp. Sess., p.…

(a) The manufactured dwelling community owner may deduct from the proceeds of the sale any of the following: (1) The reasonable or actual cost of notice, storage, and sale as provided in this chapter. (2) Unpaid rental fees, but only to the extent that the manufactured dwelling c…

Compliance in good faith with this chapter by the manufactured dwelling community owner shall constitute a complete defense in any action brought by a tenant or lienholder against a manufactured dwelling community owner for loss or damage to such manufactured dwelling or personal…

If a lienholder makes a timely response to a notice of abandoned manufactured dwelling, as provided for in Section 35-12A-4, and so requests, a manufactured dwelling community owner shall not sell the manufactured dwelling for a period of 12 months. During this period, or until t…

If the manufactured dwelling or personal property is considered abandoned as a result of the death of the only tenant, Sections 35-12A-1 to 35-12A-13, inclusive, and this section shall apply, except as follows: (1) The provisions of this chapter regarding the rights and responsib…

In the case of an abandoned manufactured dwelling that is owned by someone other than the tenant, the provisions of this chapter regarding the rights and responsibilities of a tenant to the abandoned manufactured dwelling shall also apply to that owner, with regard only to the ma…

A manufactured dwelling community owner may sell a manufactured dwelling on property owned or leased by the manufactured dwelling community owner only in the manner provided by this chapter. History: (Act 2003-516, 2nd Sp. Sess., p. 1537, §2; Act 2014-167, p. 475, §1.)

Prior to selling the tenant’s manufactured dwelling pursuant to this chapter, the manufactured dwelling community owner shall provide a written notice to the tenant by one of the following methods: (1) Personal delivery to the tenant of the manufactured dwelling. (2) Certified ma…

A manufactured dwelling community owner shall also give a copy of the notice described in Section 35-12A-5 by certified or registered mail verified by return receipt to any lienholder of the manufactured dwelling as shown on the records of the office of the judge of probate in th…

The notice required by Sections 35-12A-3 and 35-12A-4 shall state all of the following: (1) The manufactured dwelling, with a reasonably certain description of the dwelling, is left upon the premises and is considered abandoned and the tenant is indebted to the manufactured dwell…

(a) After notifying the tenant and lienholder as required by Sections 35-12A-3 and 35-12A-4, the manufactured dwelling community owner shall do all of the following: (1) Store any abandoned manufactured dwelling on the rented space. (2) Store all other abandoned personal property…

If a tenant, responds by written notice to the manufactured dwelling community owner on or before the specified date in the manufactured dwelling community owner’s notice that the tenant intends to remove the manufactured dwelling from the premises, the manufactured dwelling comm…

(a) If the tenant does not respond within the time provided by the manufactured dwelling community owner’s notice, or the tenant does not remove the manufactured dwelling or personal property within 45 days after responding to the manufactured dwelling community owner or by any o…

Repealed by Act 2014-167, §2, effective June 1, 2014. History: (Act 2003-516, 2nd Sp. Sess., p. 1537, §9.)

All property adrift may be taken up by any person and secured. History: (Code 1852, §2075; Code 1867, §2467; Code 1876, §2863; Code 1886, §3282; Code 1896, §3525; Code 1907, §5844; Code 1923, §10158; Code 1940, T. 47, §257.)

If the taker dies before the expiration of the time allowed to the owner to prove his property, all the provisions of this chapter, in relation to the giving up of the property, apply to his personal representatives. History: (Code 1852, §2088; Code 1867, §2480; Code 1876, §2876;…

(a) Such person must, within two days after the same is taken up, exhibit the property to the district court, and if, in his opinion, it is worth over $30.00, he must issue an order of appraisement to three disinterested freeholders or householders, who, after being duly sworn to…

(a) If the appraised value is over $30.00, the taker must, within 10 days thereafter, give notice thereof, once a week for three successive weeks, in a newspaper published nearest to the place where the property was taken up. Such advertisement must state the name of the taker, t…

The owner may, on notifying the taker or the person in possession, and proving the property by his own oath, or the oath of another, satisfactorily to the district court, obtain from such court an order to restore such property on the payment of the legal costs and charges thereo…

(a) The taker is entitled to 10 percent on the appraised value of each bale of cotton and on other property as follows: 25 percent on all under $30.00; between $30.00 and $100.00, 20 percent; between $100.00 and $500.00, 15 percent; between $500.00 and $1,000.00, 10 percent; and …

The appraisers, other than the district court, are entitled to $2.00 each, to be paid by the taker. History: (Code 1852, §2084; Code 1867, §2476; Code 1876, §2872; Code 1886, §3291; Code 1896, §3534; Code 1907, §5853; Code 1923, §10167; Code 1940, T. 47, §266.)

The owner may prove his property, if appraised at not more than $30.00, within three months; between $30.00 and $100.00, in six months; at more than $100.00, within one year after the appraisement; and, on failure to do so, the right to the same is vested in the taker, under the …

If the taker or the person in possession of the property fails to deliver the same to the owner on the order of the district court and the payment of, or offering to pay, all legal costs, charges, and expenses for keeping, such owner may recover the same; and the person failing a…

If any person conceals, destroys, injures, obliterates, or defaces any mark, or disposes of, or carries beyond the state any property taken up adrift, before the expiration of the time allowed by this chapter for the owner to prove his property, he is liable to such owner to the …

Actions. (a) Any person who cuts down, deadens, girdles, boxes, destroys, or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory, or wild cherry tree, or sapling of that kind, on land not his own, wilfully and knowingly, withou…

Any person who cuts down, digs up, girdles, destroys, or mutilates any fruit tree or ornamental tree, or shrub, bush, or plant which is inclosed on premises not his own, wilfully and knowingly, without the consent of the owner, must pay to such owner $15.00 for every such tree, s…

Proceedings Not Barred. Any action for the specific penalties given by this chapter may be brought in any court of competent jurisdiction and must be brought within one year from the time the injury was committed and not after; and neither action brought, nor penalty incurred und…

An owner, lessee, or occupant of premises owes no duty of care to keep such premises safe for entry and use by others for hunting, fishing, trapping, camping, water sports, hiking, boating, sight-seeing, caving, climbing, rappelling, or other recreational purposes or to give any …

An owner, lessee, or occupant of premises who gives permission to another to hunt, fish, trap, camp, hike, sight-see, cave, climb, rappel, or engage in other sporting or recreational activities upon such premises does not thereby extend any assurance that the premises are safe fo…

It is hereby declared that there is a need for outdoor recreational areas in this state which are open for public use and enjoyment; that the use and maintenance of these areas will provide beauty and openness for the benefit of the public and also assist in preserving the health…

Unless the context thereof clearly indicates to the contrary, as used in this article the following terms shall have the following meanings: (1) OWNER. Any public or private organization of any character, including a partnership, corporation, association, any individual, or any f…

Except as specifically recognized by or provided in this article, an owner of outdoor recreational land who permits non-commercial public recreational use of such land owes no duty of care to inspect or keep such land safe for entry or use by any person for any recreational purpo…

Except as expressly provided in this article, an owner of outdoor recreational land who either invites or permits non-commercial public recreational use of such land does not by invitation or permission thereby: (1) Extend any assurance that the outdoor recreational land is safe …

(a) Nothing in this article limits in any way legal liability which otherwise might exist when such owner has actual knowledge: (1) That the outdoor recreational land is being used for non-commercial recreational purposes; (2) That a condition, use, structure, or activity exists …

Nothing in this article shall be construed to relieve any person using outdoor recreational land open for non-commercial public recreational use from any obligation which such person may have in the absence of this article to exercise care in the use of such land and in the activ…

The liability limitation provisions of this article shall not apply in any cause of action arising from acts or omissions occurring on or connected with land upon which any commercial recreational enterprise is conducted. History: (Acts 1981, No. 81-825, p. 1468, §7.)

Nothing in this article shall be so construed as to alter or repeal any immunity from law suit presently conferred by law upon the state or political subdivision thereof, or any agency or instrumentality thereof. History: (Acts 1981, No. 81-825, p. 1468, §8.)

(a) The liability limitation protection of this article may be asserted only by an owner who can reasonably establish that the outdoor recreational land was open for non- commercial use to the general public at the time of the injury to a person using such land for any public rec…

This article does not limit the liability which otherwise exists for wilful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or for injury suffered in any case where permission to hunt, fish, trap, camp, hike, cave, climb, rappel, …

(a) As used in this section, the term recreational vehicle park means a place set aside and offered by a person, for direct or indirect remuneration of the owner, lessor, or operator of the place, for the parking, accommodation, or rental of five or more recreational vehicles or …

Nothing in this article creates a duty of care or ground of liability for injury to person or property. History: (Acts 1965, No. 463, p. 663, §4.)

Purposes. (a) This section shall be known and may be cited as the Landowners Protection Act. (b) A landowner who leases property for hunting or fishing purposes shall not be liable for any damages to any person based on the use of the leased property for hunting or fishing purpos…

Nothing in this article shall be construed as granting or creating a right for any person to go on the lands of another without permission of the landowner. History: (Acts 1965, No. 463, p. 663, §5.)

The superintendent of insurance and the superintendent of banks, jointly, shall, within 30 days after final adjournment of each regular session of the Legislature, cause to be prepared a table showing the current present cash value of an annuity of $100.00 per month, month by mon…

Annuity tables computed, compiled, printed, and published as provided in section 35-16-1 shall be received in all courts of this state as evidence of the facts therein stated, but nothing contained in this chapter shall affect the admissibility of other competent evidence when of…

The superintendent of insurance shall, within 10 days after final adjournment of each regular session of the Legislature, cause to be delivered to the Secretary of State the then current American experience and commissioners standard ordinary mortality tables, which the Secretary…