Chapter 1 - Public Lands
- Article 1 Administration, etc., of Unused Public Lands.
- Section 9-15-1 Definitions
As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) USED ...
- Section 9-15-2 Jurisdiction and control of unused lands; recommendations as to 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 ...
- Section 9-15-3 Determination and listing of unused lands suitable for devotion to 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 ...
- Section 9-15-4 Concentration of ownership of scattered state owned lands
The Department of Conservation and Natural Resources shall, where any of the lands of the state or of any institution of the state are ...
- Section 9-15-5 Duties of department to be performed without prejudice, etc., to rights of trust beneficiaries or state institutions; department to act as technical advisor
The duties and powers placed upon and vested in the Department of Conservation and Natural Resources by this article are to be exercised in ...
- Section 9-15-6 Ascertainment of description and location of lands owned or held in trust by state, state institutions, etc.; classification of lands and preparation of records of ownership
It shall be the duty of the Department of Conservation and Natural Resources to ascertain the description and location of all lands to which ...
- Section 9-15-7 Disposition of records generally
Said records shall be prepared and kept in duplicate, one copy of each of said records being kept in the files of the state ...
- Section 9-15-8 Filing of lists of used and unused lands by state departments and institutions; filing of lists of improvements made on said lands; disposition of lists
It shall be the duty of each state department or institution of the State of Alabama which holds the legal title to or any ...
- Section 9-15-9 Preparation and disposition of records showing ownership, general character, disposition, etc., of used and unused lands
Upon the filing of the list required to be filed by Section 9-15-8, the Land Agent, Department of Conservation and Natural Resources, shall cause ...
- Section 9-15-10 Notice, etc., of change in status, disposition or acquisition of used and 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 ...
- Section 9-15-11 Preparation of county maps showing ownership and location of lands 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 ...
- Section 9-15-12 Preparation of lists of lands owned by state, state institutions, etc., 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 ...
- Section 9-15-13 Acquisition of lands to which state entitled; recordation of same
It shall be the duty of the Department of Conservation and Natural Resources to ascertain what, if any, lands the state or any institution ...
- Section 9-15-14 Duty to determine best use for which unused lands may be adapted; 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 ...
- Section 9-15-15 Disposition of revenues from unused lands managed by department; 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 ...
- Section 9-15-16 Maximum amount for charges for administration, etc., of lands
In no case shall the charges for administering, managing, protecting, or developing the lands exceed 10 percent of the gross income derived from the ...
- Section 9-15-17 Fund for management, etc., of unused lands
All funds which shall be retained by the Commissioner of Conservation and Natural Resources as charges against the income from any lands administered by ...
- Section 9-15-18 Sale of timber, minerals, etc., from lands; lease, exchange or sale of 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 ...
- Section 9-15-19 Effect of article on local laws, etc., governing ownership, 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 ...
- Article 2 Administration of School Lands, Swamp and Overflowed Lands, etc.
- Section 9-15-30 Title to swamp and overflowed lands and swamp and overflowed 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, ...
- Section 9-15-31 Management and supervision of school lands, swamp and 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 ...
- Section 9-15-32 Land clerk — Qualifications and appointment
The Commissioner of Conservation and Natural Resources shall appoint a land clerk, with the approval of the Governor, who has had experience in dealing ...
- Section 9-15-33 Land clerk - Examination, etc., of lands
Whenever in the judgment of the Governor or the Commissioner of Conservation and Natural Resources it is proper that any of the lands described ...
- Section 9-15-34 Institution, etc., of practice of forestry and enforcement of state fire 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 ...
- Section 9-15-35 Institution, etc., of practice of forestry and enforcement of state fire and trespass laws — Swamp and overflowed lands
The Commissioner of Conservation and Natural Resources is hereby empowered to have forestry practiced upon swamp and overflowed lands, to supervise and inaugurate sound ...
- Section 9-15-36 Leasing of school lands
With the approval of the Governor, the Commissioner of Conservation and Natural Resources is hereby authorized to rent or lease school lands upon such ...
- Section 9-15-37 Institution of civil actions to clear title to school lands, etc.; cruising of timber, surveying of lands, investigation of claims to lands, etc
The Commissioner of Conservation and Natural Resources is hereby authorized and empowered to present civil actions in the name of the State of Alabama ...
- Section 9-15-38 Sales of timber or minerals from school or swamp and overflowed lands
The Commissioner of Conservation and Natural Resources may sell or cause to be sold timber from school lands, swamp and overflowed lands, and other ...
- Section 9-15-39 Disposition of revenues from sales of timber or minerals or from rentals or leases — School lands
The revenue derived from any sale of timber or minerals from, or rental or lease of, any school lands shall be paid by the ...
- Section 9-15-40 Disposition of revenues from sales of timber or minerals or from rentals or leases — Swamp and overflowed lands
The revenue derived from any sale of timber or minerals from, or rental or lease of, any swamp and overflow land owned by the ...
- Section 9-15-41 Sales of school lands — Authorized
School land, as defined by Section 16-20-1, may be sold or exchanged for other lands by the Commissioner of Conservation and Natural Resources with ...
- Section 9-15-42 Sales of school lands — Issuance of patents to purchasers
All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, if he deems advisable, when ...
- Section 9-15-43 Sales of school lands — Disposition of revenues from sales
Any revenue derived from the sale of school lands shall be paid by the Commissioner of Conservation and Natural Resources to the Treasurer to ...
- Section 9-15-44 Exchanges of school lands
The Commissioner of Conservation and Natural Resources is hereby authorized to exchange school lands for other lands of equal value, with the approval of ...
- Section 9-15-45 Leases, exchanges or sales of swamp and overflowed lands
Swamp and overflowed lands may be leased, exchanged or sold by the Commissioner of Conservation and Natural Resources with the approval of the State ...
- Section 9-15-46 Issuance of patents to purchasers of swamp and overflowed lands
All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, when presented with the approval ...
- Section 9-15-47 Disposition of revenue from sales, etc., of swamp and overflowed lands
Any revenue derived from the sale or adjustment of any swamp and overflowed lands as provided in this article shall be paid by the ...
- Section 9-15-48 Claims of title to swamp and overflowed lands
All persons claiming title to any swamp and overflowed lands in this state under any alleged purchase or through any chain of title may ...
- Section 9-15-49 Corrections of errors in records pertaining to school or swamp and overflowed lands — When required
For the purpose of facilitating the management and supervision of school lands and swamp and overflowed lands, upon the submission to the Secretary of ...
- Section 9-15-50 Corrections of errors in records pertaining to school or swamp and overflowed lands — File of proof submitted
The Secretary of State shall maintain a file in his office where he shall keep copies of the proof submitted for the correction of ...
- Section 9-15-51 Corrections of errors in records pertaining to school or swamp and overflowed lands — Certifications of corrected records
After the correction of any error or mistake in any record which pertains to such lands, the Secretary of State, in any subsequent certification ...
- Section 9-15-52 Sale or leasing of sand or gravel on public water bottoms and certain state lands - Negotiation, consummation and administration of contracts, leases, etc
All contracts, leases, and agreements for the sale of sand and gravel from the lands of the state which are not owned, occupied, or ...
- Section 9-15-53 Sale or leasing of sand or gravel on public water bottoms and certain state lands — Disposition and expenditure of revenues
The revenues, including royalties, derived from the sale of sand and gravel or from leases for the purposes of the removal of sand and ...
- Section 9-15-54 Release of sand for use in beach project
Notwithstanding any other provision of this title, in the event a beach project to be undertaken by a coastal municipality as permitted by the ...
- Section 9-15-55 Retention by state of title to certain filled lands; rights of access
(a) The state shall retain title to any lands of the state lying seaward of the mean high tide line that are filled in ...
- Section 9-15-56 Application for beach project; issuance of permit
(a) Upon application by a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources, acting through the Lands Division of the ...
- Article 3 Sale or Lease of Certain Real Property by State.
- Section 9-15-70 Applicability; reservation of rights
This article applies to all real property and interests therein owned by the State of Alabama and the departments, boards, bureaus, commissions, institutions, corporations, ...
- Section 9-15-71 Real property owned by state to be sold or leased by auction or sealed bids
All sales and leases made by, or on behalf of, the State of Alabama, or any department, board, bureau, commission, institution, corporation, or agency, ...
- Section 9-15-72 Lands Division responsible for selling or leasing property
Each department, board, bureau, commission, institution, corporation, or agency which holds real property shall notify the Lands Division of the state Department of Conservation ...
- Section 9-15-73 Appraisal
The Lands Division shall have the real property or the interests in the real property appraised by a real estate appraiser selected by the ...
- Section 9-15-74 Minimum amount at which property may be sold or leased; determination as to selling or leasing; acceptance or rejection of bids; determination as to whether sale be by auction or bids
After obtaining an appraisal on the real property and consulting with the chief executive officer of the department, board, bureau, commission, institution, corporation, or ...
- Section 9-15-75 Advertising
Every proposal to make a sale or lease under this article shall be advertised for at least once a week for four weeks in ...
- Section 9-15-76 Binders
Each person or corporation submitting a bid on real property or an interest therein to be sold or leased by the State of Alabama ...
- Section 9-15-77 Payment of expenses by department, board, bureau, etc., selling or leasing property; payment of fee to Lands Division
The expenses of the appraisal and contemplated sale or lease shall be paid by the department, board, bureau, commission, institution, corporation, or agency offering ...
- Section 9-15-78 Bids to be publicly taken by director; notice; bids to become public record
The bids shall be publicly taken or opened in Montgomery or such other place as may be designated by the Lands Division, in case ...
- Section 9-15-79 Negotiation where no bids received or bids rejected; no sale or lease at price less than highest bid or minimum; payment; closing
In the event no bids are received or all the bids are rejected by the chief executive officer of the department, board, bureau, commission, ...
- Section 9-15-80 Certain persons prohibited from bidding on or purchasing property
Officers and employees of the department selling or leasing the real property and officers and employees of the Department of Conservation and Natural Resources, ...
- Section 9-15-81 Criminal and civil actions and penalties for violations of article
Any sale or lease of real property or any interest therein of the state made in violation of this article shall be null and ...
- Section 9-15-82 Article not to apply to certain transfers, reversions, sales, etc
This article shall not apply to the transfers of real property between departments, boards, bureaus, commissions, institutions, corporations, or agencies of the state. These ...
- Section 9-15-83 Proceeds from sale to be deposited to credit of fund of state entity
Whenever any real property is sold or leased under this article, the proceeds from the sale, less the expenses of the sale or lease, ...
- Section 9-15-84 Promulgation of rules and regulations
The Lands Division is authorized to promulgate such rules and regulations as may be necessary to implement the provisions of this article. ...
