A suspended license is subject to expiration and must be renewed or restored as provided in this chapter during the term of suspension.
","history":"(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33455,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32720,"codeId":28403,"versionId":22080,"parentId":28392,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-36-11","shortTitle":"Section 34-36-11","catchLine":"Fees.","title":"Section 34-36-11 Fees.","sectionRange":null,"content":"The board is empowered to establish and charge reasonable fees for the administration of examinations, issuance of all active and inactive licenses, and supplying information to applicants, licensees, and the general public. Such fees shall be commensurate with the cost of fulfilling the duties of the board as defined in this chapter.
","history":"(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33456,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32721,"codeId":28404,"versionId":22081,"parentId":28392,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-36-12","shortTitle":"Section 34-36-12","catchLine":"Display of Licenses.","title":"Section 34-36-12 Display of Licenses.","sectionRange":null,"content":"Every person holding a license issued by the board shall display it in a conspicuous manner at his or her principal place of business.
","history":"(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33457,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32722,"codeId":28405,"versionId":32925,"parentId":28392,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-36-13","shortTitle":"Section 34-36-13","catchLine":"License Required; Exemptions.","title":"Section 34-36-13 License Required; Exemptions.","sectionRange":null,"content":"(a) No person shall engage in the electrical contracting business or perform work as a master or journeyman electrician unless such person shall have received a license from the board or from the county or municipality where the electrical contracting work is being performed; provided, however, the provisions of this chapter shall not apply:
(1) To the installation, construction, or maintenance of power systems for the generation and secondary distribution of electric current constructed under the provisions of the National Electrical Safety Code which regulates the safety requirements of utilities.
(2) To the installation, construction, maintenance, or repair of telephone or signal systems by or for public utilities or their corporate affiliates, when such work pertains to the services furnished by such utilities.
(3) To any technician employed by a municipal franchised CATV system.
(4) To any master or journeyman electrician employed by a state licensee of the board or a licensee of a county or municipality where the contract work is being performed.
(5) To the owner of any premises or an employee of any such owner when performing electrical work or installing, constructing, maintaining, altering, or repairing electrical wiring, equipment, or apparatus on such premises.
(6) To an employee of an electric utility when installing or repairing electric appliances and equipment for a customer.
(7) To any retail merchant, or its employees making the installation of or the repair or maintenance on any appliance that the merchant has sold; or to any modular or manufacturer of the housing industry within the state which is regulated by state and federal governments.
(8) To the installation, construction, or maintenance of systems that operate on 25 volts or less.
(9) To the installation, construction, or maintenance of direct broadcast satellite services.
(b)(1) No license shall be issued by the board without an examination of the applicant for the purpose of ascertaining his or her qualifications for such work, but no such examination shall be required for the annual renewal of such license.
(2) This section shall in no way prohibit the governing authorities of each county and municipality in the State of Alabama from exercising their authority to require any person engaging in the electrical contracting business or performing work as a master or journeyman electrician to stand and attain a passing grade on an examination administered by such county or municipality to evidence their ability and proficiency to engage in the electrical contracting business or to perform work as a master or journeyman electrician within their jurisdiction; provided, however, that any person who holds a valid statewide license issued by the board shall be deemed qualified and, upon satisfactory proof of the license, shall be allowed to perform forthwith electrical work in any county or municipality under the terms and conditions set forth in this chapter, if such person has the proper county or municipal building permit and business license.
(c) All persons performing work under a license issued by the board must abide by all state and local laws and ordinances.
","history":"(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §13; Acts 1988, No. 88-129, p. 184, §1; Act 2010-540, p. 932, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33458,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32723,"codeId":28406,"versionId":22082,"parentId":28392,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-36-14","shortTitle":"Section 34-36-14","catchLine":"Electrical Appeals and Advisory Board; Appointment, Qualifications, Terms and Compensation of Members; Rules for Appeals.","title":"Section 34-36-14 Electrical Appeals and Advisory Board; Appointment, Qualifications, Terms and Compensation of Members; Rules for Appeals.","sectionRange":null,"content":"Repealed by Act 2010-540, p. 932, §3, effective July 1, 2010.
","history":"(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33459,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32724,"codeId":28407,"versionId":32926,"parentId":28392,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-36-15","shortTitle":"Section 34-36-15","catchLine":"Injunctive Power.","title":"Section 34-36-15 Injunctive Power.","sectionRange":null,"content":"Electrical contracting involves activities affecting the public interest and the health, safety, and welfare of the public. Such activities, when engaged in by a person who is not licensed, are a public nuisance and harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such nuisance exists may bring a petition to restrain and enjoin such unlicensed practice in the district court of the county where such unlicensed person resides. It shall not be necessary in order to obtain the equitable relief provided herein to allege or prove that there is no adequate remedy at law.
","history":"(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §15; Act 2010-540, p. 932, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33460,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32725,"codeId":28408,"versionId":51190,"parentId":28392,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-36-16","shortTitle":"Section 34-36-16","catchLine":"Violations; Penalties.","title":"Section 34-36-16 Violations; Penalties.","sectionRange":null,"content":"(a) Except as provided in Section 13A-9-111.1, it shall be unlawful for any person to violate this chapter regulating electrical contracting, and any person convicted of such violation shall be punished as a Class A misdemeanor.
(b) It shall be unlawful, except as otherwise provided, on or after December 31, 2011, for a person not licensed as an electrical contractor to solicit, represent, seek to perform, or perform those tasks and functions that can only be performed by a licensed electrical contractor in accordance with this chapter.
(c) Subsection (b) shall not apply to any person who holds a license or permit issued by a county or municipal government to perform the tasks and functions that can only be performed by a licensed electrical contractor and who performs those tasks and functions within the boundaries of the county or municipality that issued the license or permit.
","history":"(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §16; Act 2010-540, p. 932, §1; Act 2021-272, §2; Act 2024-375, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33461,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32726,"codeId":28409,"versionId":32927,"parentId":28392,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-36-17","shortTitle":"Section 34-36-17","catchLine":"Funding.","title":"Section 34-36-17 Funding.","sectionRange":null,"content":"There is hereby established a separate fund in the State Treasury to be known as the Alabama Board of Electrical Contractors Fund. All money derived under the provisions of this chapter shall be deposited in this fund and used only to carry out the provisions of this chapter. Such fund shall be paid out only by warrant of the Comptroller upon the Treasurer, upon itemized vouchers, approved by the director of the board; provided, that no funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, and only in amounts as stipulated in the general appropriation or other appropriation bills. Any funds unspent and unencumbered at the end of any state fiscal year in excess of one hundred thousand dollars ($100,000) shall be transferred into the State General Fund on or before January 15 of the succeeding year. In addition, there is hereby appropriated from the Alabama Board of Electrical Contractors Fund to the Alabama Board of Electrical Contractors the amount necessary to repay the State General Fund for any and all amounts expended therefrom and such repayment to the State General Fund shall be made as soon as funds are available.
","history":"(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §17; Act 2010-540, p. 932, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33462,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32727,"codeId":40952,"versionId":33119,"parentId":28392,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-36-18","shortTitle":"Section 34-36-18","catchLine":"Construction of Chapter.","title":"Section 34-36-18 Construction of Chapter.","sectionRange":null,"content":"This chapter shall not be construed as authorizing the employment of statewide electrical inspectors.
","history":"(Act 2010-540, p. 932, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33463,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32728,"codeId":28410,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"37","shortTitle":"Chapter 37","catchLine":"Plumbers and Gas Fitters.","title":"Chapter 37 Plumbers and Gas Fitters.","sectionRange":"§34-37-1 to §34-37-18","content":null,"history":null,"numChildren":20,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33464,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32729,"codeId":28411,"versionId":47856,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-1","shortTitle":"Section 34-37-1","catchLine":"Definitions.","title":"Section 34-37-1 Definitions.","sectionRange":null,"content":"For purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires a different meaning:
(1) APPRENTICE GAS FITTER OR PLUMBER. A person other than a master or journeyman gas fitter or plumber, who is engaged in learning and assisting in the installation of gas pipe, equipment, apparatus, and appliances, and shall work directly under the supervision of a journeyman or master gas fitter or plumber, and who has successfully fulfilled the registration requirements of the board and has been duly registered by the board as such for the current year. The apprentice shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request.
(2) BOARD. The State of Alabama Plumbers and Gas Fitters Examining Board as renamed by this chapter. The board shall examine, certify, and regulate plumbers, gas fitters, and medical gas piping fitters on a statewide basis pursuant to this chapter.
(3) CERTIFICATION. The process of testing at the state level to determine the knowledge and skill of an individual with respect to plumbing and gas fitting, and the issuing of certificates to indicate that an individual has passed the examination.
(4) GAS FITTING, GAS SYSTEMS, or GAS WORK. The installation, repair of pipes, fixtures, fittings, appliances, or apparatus necessary for supplying natural gas for residential or commercial use from the point of delivery and all gas piping before connection to the combustion zone and including the applicable venting of flue gases to the outside atmosphere and the provisions for air for combustion and ventilation, including all gas fitting work further defined by any board rules and all codes currently adopted by the board. This chapter shall not be construed to prevent any contractor certified by the Alabama Board of Heating, Air Conditioning, and Refrigeration Contractors from installing, replacing, or performing service or repair on natural gas fired air heating/cooling appliances, excluding piping to them provided the installing contractor has a valid certificate issued by the Alabama Board of Heating, Air Conditioning, and Refrigeration Contractors.
(5) JOURNEYMAN GAS FITTER. Every person who engages in or works at the actual installation, repair, or replacement of gas work, who has successfully fulfilled the examination requirements of the board, has been issued a journeyman gas fitter certificate by the board, and possesses a valid and current annual certificate issued by the board. The journeyman gas fitter shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request.
(6) JOURNEYMAN PLUMBER. Any person who engages in or works at the actual installation, repair, or replacement of plumbing systems, who has successfully fulfilled the examination requirements of the board, has been issued a journeyman plumber certificate by the board, and possesses a valid and current annual certificate issued by the board. The journeyman plumber shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request.
(7) MASTER GAS FITTER. Any person or legal entity that engages in or works at the actual installation, repair, or replacement of gas systems, that has successfully fulfilled the examination requirements of the board, that has been issued a master gas fitter certificate by the board, and that possesses a valid and current annual certificate issued by the board. The master gas fitter shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request. This person may at any time register with the board as principal for any business, firm, or corporation.
(8) MASTER PLUMBER. Any person or legal entity that engages in or works at the actual installation, repair, or replacement of plumbing systems, that has successfully fulfilled the examination requirements of the board, has been issued a master plumber certificate by the board, and that possesses a valid and current annual certificate issued by the board. The master plumber shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request. This person may at any time register with the board as principal for any business, firm, or corporation.
(9) MEDICAL GAS PIPING. Piping used solely to transport gases used for medical purposes.
(10) MEDICAL GAS PIPING FITTER. A master plumber or master gas fitter who holds a current certificate for installation of medical gas piping. A journeyman plumber, journeyman gas fitter, apprentice plumber, or apprentice gas fitter who holds a current certificate for installation of medical gas piping shall be entitled to install medical gas piping under the direction of a master plumber or master gas fitter whose certificate entitles him or her to install medical gas piping. An apprentice plumber or apprentice gas fitter who holds a current certificate for medical gas piping shall at all times be under the direct supervision of either a master or journeyman who also holds a current certificate. The medical gas piping fitter shall have in his or her possession a current annual certificate issued by the board. The certificate shall be available for inspection on request.
(11) PERSON or PERSONS. Any individual, apprentice plumber, apprentice gas fitter, corporation, professional corporation, limited liability company, or other legal entity, or any combination thereof.
(12) PLUMBING, PLUMBING SYSTEMS, or PLUMBING WORK. All work associated with the installation, repair, or replacement of pipes, fixtures, or other apparatus necessary either for supplying water or for removing liquid or waterborne waste located on private property. The term is also used to denote installed fixtures, backflow prevention devices, drainage, vents, and water distribution systems located on private property, and all plumbing work further defined by board rules and all codes currently adopted by the board, with the exception of work allowed by this chapter.
(13) PRINCIPAL. The individual responsible for the contracting, superintending, installation, maintenance, or repair of plumbing or gas fitting systems, or both, for any legal entity, who is actively and continuously connected with the conduct of the business, and is responsible to the board for those responsibilities. The individual shall qualify to be a certified master gas fitter or a certified master plumber, or both. In addition, a principal must meet the following requirements:
a. At least one active employee of the legal entity shall be a duly registered and certified master gas fitter or plumber as defined in this section, actively and continuously connected with the conduct of the business and registered with the board as the principal of the business.
b. The principal master gas fitter or master plumber shall have in his or her possession a current annual certificate issued by the board. The certificate shall be available for the inspection on request.
(14) REGISTRATION. The process of application with the board with regard to apprentice plumbers, apprentice gas fitters, all corporations, professional corporations, limited liability companies, and all other legal entities engaging in the business of plumbing or gas fitting, or both, within the State of Alabama.
(15) RESIDENTIAL DWELLING. Any structure, dwelling, or unit covered by the scope of the International Residential Code.
(16) RESIDENTIAL JOBSITE. A residential jobsite shall mean up to three structures located within a phase of a subdivision where the residential dwellings abut or are located adjacent to one another or where the residential dwellings are located on the same or intersecting streets. A residential jobsite shall also mean up to eight attached residential dwellings located under one roof assembly.
","history":"(Acts 1987, No. 87-812, p. 1616, §1; Acts 1989, No. 89-406, p. 858, §3; Acts 1996, No. 96-795, p. 1496, §1; Act 2015-496, p. 1764, §1; Act 2022-284, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33465,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32730,"codeId":28412,"versionId":38827,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-2","shortTitle":"Section 34-37-2","catchLine":"Board Renamed; Authority Expanded.","title":"Section 34-37-2 Board Renamed; Authority Expanded.","sectionRange":null,"content":"(a) The Plumbers Examining Board as created by Act No. 529 of the 1949 Regular Session of the Legislature (Acts 1949, p. 827), as amended, is renamed the State of Alabama Plumbers and Gas Fitters Examining Board and the authority of the board is expanded to allow the board to examine, certify, and regulate plumbers, gas fitters, and medical gas piping fitters on a statewide basis. The board may make and enforce rules adopted in accordance with Chapter 22 of Title 41, the Alabama Administrative Procedure Act.
(b) The board is authorized to expend funds for purposes of public awareness of the board and its rules and regulations to include advertising, promotional materials, event exhibiting, and other means approved by the board.
","history":"(Acts 1987, No. 87-812, p. 1616, §2; Acts 1989, No. 89-406, p. 858, §3; Acts 1996, No. 96-795, p. 1496, §1; Act 2015-496, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33466,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32731,"codeId":28413,"versionId":47857,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-3","shortTitle":"Section 34-37-3","catchLine":"Appointments to Board; Composition.","title":"Section 34-37-3 Appointments to Board; Composition.","sectionRange":null,"content":"The board members serving on January 1, 2011, shall continue to serve on the board until successor board members are appointed and qualified. Appointments shall be subject to confirmation by the Senate. Commencing on March 26, 2012, as the term of office of a member serving on the board expires, the member shall continue to serve on the board until a successor board member is appointed and qualified. The Governor shall designate the length of term for each of his or her appointees not to exceed four years. The board shall always be composed of the following members: One member appointed by the Governor shall be a master plumber as defined by this chapter; one member appointed by the Governor shall be a master plumber as defined by this chapter whose work is primarily residential; one member appointed by the Governor shall be a journeyman plumber as defined by this chapter; one member appointed by the Governor shall be a registered professional engineer licensed by the State Board of Registration of Professional Engineers and Land Surveyors as provided in Article 2 of Chapter 11, or any subsequent act relating to the licensing of professional engineers; one member appointed by the Governor shall be a municipal or county building official; one member appointed by the Governor shall be a master gas fitter as defined in this chapter; one member appointed by the Governor shall be a master gas fitter as defined in this chapter whose work is primarily residential; one member appointed by the Governor shall be a journeyman gas fitter as defined in this chapter; and one member appointed by the Governor shall be appointed from the public at large. The member representing the public at large shall not be engaged or otherwise connected to the plumbing or gas industry or the installation of plumbing or gas work nor connected with any person, firm, or corporation handling or dealing in material, fixtures, or appliances connected with plumbing or gas work. Each member of the board shall be a resident of this state and appointments to the board shall be coordinated to assure that the membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
","history":"(Acts 1987, No. 87-812, p. 1616, §3; Acts 1989, No. 89-406, p. 858, §3; Acts 1996, No. 96-797, p. 1502, §3; Act 2000-230, p. 365, §3; Act 2008-148, p. 240, §3; Act 2010-147, p. 213, §3; Act 2012-101, p. 173, §3; Act 2022-284, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33467,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32732,"codeId":28414,"versionId":38828,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-4","shortTitle":"Section 34-37-4","catchLine":"Meetings, Compensation, and Expenses of Board.","title":"Section 34-37-4 Meetings, Compensation, and Expenses of Board.","sectionRange":null,"content":"(a) The board shall meet when necessary for the proper performance of its duties, but in no case less than once a year. Meetings shall be held at places in the state as the board deems necessary. At its first meeting next following May 2, 1989, and every two years thereafter, the board shall organize itself by electing from its membership a chair, vice-chair, and a recording secretary. The board shall appoint, employ, or contract with an executive director for the board, and may appoint, employ, or contract with a deputy director, neither of whom shall be subject to the state Merit System. The executive director shall serve as treasurer of the board, but the deputy director may serve as treasurer of the board in the absence of the executive director or when otherwise directed by the board. The executive director and the deputy director shall not be a member of the board and shall not be engaged or otherwise connected with the plumbing or gas fitting industry. The board shall set the compensation of the executive director and the deputy director in accordance with regulations of the State Personnel Board. Four members of the board shall constitute a quorum for transacting business. Each member of the board shall receive as compensation for services the sum of two hundred dollars ($200) per day for each day spent in active service for the board. In addition to per diem compensation, each board member shall be reimbursed for any necessary expense incurred in performing duties as a board member. The expenses allowable to each board member shall not exceed the per diem amount of state travel expenses allowed by law, from time to time, for state employees traveling on state business. Employees of the board shall also be entitled to reimbursement for traveling expenses incurred when traveling on official board business at the rate for state employees traveling on state business. The board may employ or contract for stenographic or clerical help and compliance officers when needed, and may purchase necessary office supplies, equipment, and services.
(b) The compensation and expense provided for in this section, and all other authorized expenses, shall be payable solely from fees collected by or on behalf of the board. In no event shall any expense incurred by the board be charged against any funds of the State of Alabama other than the funds collected under this chapter.
","history":"(Acts 1987, No. 87-812, p. 1616, §4; Acts 1989, No. 89-406, p. 858, §3; Acts 1995, No. 95-212, p. 347, §1; Acts 1997, No. 97-718, p. 1488, §1; Act 2015-496, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33468,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32733,"codeId":28415,"versionId":38829,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-5","shortTitle":"Section 34-37-5","catchLine":"Deposit and Disbursement of Funds; Bond of the Executive Director and Deputy Director.","title":"Section 34-37-5 Deposit and Disbursement of Funds; Bond of the Executive Director and Deputy Director.","sectionRange":null,"content":"(a) There is established a separate special revenue trust fund in the State Treasury to be known as the State of Alabama Plumbers and Gas Fitters Examining Board Fund. All receipts collected by the board under this chapter shall be deposited in this fund and used only to carry out this chapter. The fund shall be disbursed only by warrant of the state Comptroller upon the State Treasury upon itemized vouchers approved by the executive director of the board or, in the absence of the executive director, by the deputy director. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, as amended, and only in amounts as stipulated in the general appropriation bill or other appropriation bills. All money remaining at the end of the fiscal year which exceeds 25 percent of the board’s budget for the previous year shall be transferred to the 501(c)(3) nonprofit Alabama Home Builders Foundation to be used exclusively for classroom training tools at educational facilities that provide plumbing and gas fitting curriculums to include any program approved or accredited by the State of Alabama, the United States federal government, or the board. If at any time the Alabama Home Builders Foundation should lose its nonprofit status, those funds shall be transferred to the State General Fund.
(b) The executive director and the deputy director of the board shall, before entering upon the duties of their office, make and file with the Secretary of State an official bond in the sum of five thousand dollars ($5,000), unless covered by the state blanket bond. The appropriate premiums on the bond shall be paid out of the funds of the board, and the bond shall be executed by an approved bonding fidelity or guaranty company qualified to do business in Alabama and acceptable to the Secretary of State.
","history":"(Acts 1987, No. 87-812, p. 1616, §5; Acts 1989, No. 89-406, p. 858, §3; Acts 1995, No. 95-212, p. 347, §1; Acts 1996, No. 96-712, p. 1186, §1; Acts 1996, No. 96-797, p. 1503, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33469,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32734,"codeId":28416,"versionId":47858,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-6","shortTitle":"Section 34-37-6","catchLine":"Certification, Registration, and Examination; Emergency Certificate of Endorsement.","title":"Section 34-37-6 Certification, Registration, and Examination; Emergency Certificate of Endorsement.","sectionRange":null,"content":"(a) It shall be unlawful for any person or other legal entity to contract, engage in, offer to engage, or convey the impression that he or she is certified in plumbing, gas fitting, or medical gas piping within this state unless the person has first registered or received a certificate of competency, hereinafter referred to as “certificate,” that is in force and effect at the time the plumbing, gas fitting, or medical gas piping is offered, performed, directed, or superintended, except as hereinafter provided.
(b) The board shall register all legal entities engaging in, or offering to engage in, plumbing, gas fitting, or medical gas piping in this state upon forms provided by the board, and upon the applicant first paying all prescribed fees. Disciplinary action for the registered legal entities may be the same as for certified individuals engaged in plumbing, gas fitting, or medical gas piping.
(c) The business name that is registered with the board for each legal entity engaged in plumbing, gas fitting, or medical gas piping shall be displayed in a prominent manner on two sides of each service or construction vehicle. The lettering shall be a minimum of two inches in height.
(d) The board shall register every person who may apply for an apprentice plumber or gas fitter registration certificate upon forms provided by the board, upon the applicant first paying all prescribed fees.
(e) The board shall examine and pass upon the qualification of every person who applies for a journeyman plumber or gas fitter certificate upon forms provided by the board.
(1) An applicant for examination for a journeyman plumber or gas fitter certificate shall submit proof that the applicant has two years of current work experience as an apprentice plumber or gas fitter or has completed an apprentice training program approved by the board.
(2) Applicants for journeyman plumber or gas fitter shall be examined upon, orally or in writing, or otherwise demonstrate, by a board approved method, the fundamentals of plumbing or gas fitting, the theory and practice of plumbing installation and construction or gas fitting work, and the experience and ability of the applicant in practical plumbing installation and construction or gas fitting work.
(3) If the applicant is found to possess an accurate knowledge of the theory and correct practice of plumbing installation and construction or gas fitting work, and sufficient experience and ability in plumbing installation and construction or gas fitting work to safely and competently apply that knowledge and practice, the board shall issue a certificate, upon the applicant first paying all prescribed fees.
(4) The examination shall be administered by an independent examining agency.
(f) The board shall examine and pass upon the qualifications of every person who applies for a master plumber or master gas fitter certificate upon forms provided by the board.
(1) Applicants for examination for a master plumber certificate shall submit proof to the board that the applicant has at least one year of current work experience as a journeyman plumber.
(2) Applicants for examination for a master gas fitter certificate shall submit proof to the board that the applicant has at least one year of current work experience as a journeyman gas fitter.
(3) An applicant for a master certificate shall be examined upon knowledge, training, and ability, in the planning, laying out, and supervision of plumbing installation and construction work or gas fitting work, and if found to possess those qualifications, the applicant shall be issued a master plumber or gas fitter certificate by the board upon the applicant first paying all prescribed fees.
(4) The examination shall be administered by an independent examining agency.
(g) No person shall be issued a certificate without passing the prescribed examination. A person who has passed the examination must become certified within 90 calendar days and shall not be required to take the examination thereafter in order to secure a certificate in subsequent years. An individual who passes the examination but fails to become certified within 90 calendar days shall be required to retake the examination. At least four examinations per year shall be conducted, at a time and place prescribed by the board after reasonable notice.
(h) Any master plumber, master gas fitter, journeyman plumber, journeyman gas fitter, apprentice plumber, or apprentice gas fitter performing medical gas piping shall provide proof to the board that he or she has successfully completed a current medical gas piping certification program approved by the board.
(i) In the event the Governor or the Legislature declares a state of emergency, the board may issue an emergency certificate of endorsement for the performance of plumbing work or gas work in the impacted area to any applicant who holds a current out-of-state license that is in good standing. The board may adopt rules to implement this section. Emergency certificates of endorsement shall be valid for the duration of the declared emergency, but in no case more than 60 days.
","history":"(Acts 1987, No. 87-812, p. 1616, §6; Acts 1988, No. 88-132, p. 190, §3; Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Acts 1995, No. 95-212, p. 347, §1; Acts 1996, No. 96-795, p. 1496, §1; Acts 1997, No. 97-718, p. 1488, §1; Act 2008-148, p. 240, §3; Act 2015-496, p. 1764, §1; Act 2022-284, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33470,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32735,"codeId":55190,"versionId":48225,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-6.1","shortTitle":"Section 34-37-6.1","catchLine":"Ratio of Apprentice Plumbers and Apprentice Gas Fitters Working Under the Supervision of a Journeyman or Master Plumber or Gas Fitter.","title":"Section 34-37-6.1 Ratio of Apprentice Plumbers and Apprentice Gas Fitters Working Under the Supervision of a Journeyman or Master Plumber or Gas Fitter.","sectionRange":null,"content":"The board may set a ratio of apprentice plumbers and apprentice gas fitters working under the supervision of any journeyman or master plumber or gas fitter; provided, the ratio shall be not less than three apprentices to any one journeyman or master plumber or gas fitter for those individuals working on non-residential jobsites and not less that five apprentices to any one journeyman or master plumber or gas fitter for those individuals working on residential jobsites.
","history":"(Act 2022-284, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33471,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32736,"codeId":28417,"versionId":22083,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-7","shortTitle":"Section 34-37-7","catchLine":"Reexamination.","title":"Section 34-37-7 Reexamination.","sectionRange":null,"content":"Any person who fails to pass an examination may, upon reapplication and payment of the regular examination fee, be reexamined at any subsequent examination given by the board.
","history":"(Acts 1987, No. 87-812, p. 1616, §7; Acts 1989, No. 89-406, p. 858, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33472,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32737,"codeId":28418,"versionId":47859,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-8","shortTitle":"Section 34-37-8","catchLine":"Renewals; Acceptance and Inspection of Certificate; Continuing Education.","title":"Section 34-37-8 Renewals; Acceptance and Inspection of Certificate; Continuing Education.","sectionRange":null,"content":"(a) Any person who holds a certificate issued by the board shall be issued statewide certification upon the annual renewal of their existing certificate.
(b) Any certificate issued by the board shall be acceptable by any city, town, or county in the state and any existing local statute or ordinance contrary to this section is repealed, and no other competency certification or examination shall be required of plumbers, gas fitters, or medical gas piping fitters by any local governmental entity.
(c) Any current registration or annual certificate issued to any individual by the board shall be in possession of the individual at any time he or she engages in or proposes to engage as a master, journeyman, or apprentice plumber, gas fitter, or medical gas piping fitter, as the case may be, and upon request he or she shall make the certificate or registration available for inspection and identification by any person or persons for whom he or she engages or proposes to engage as such, and for identification by plumbing, gas, or other authorized enforcement personnel of any governmental entity, board, or agency when requested.
(d) The board, by rule, may adopt continuing education requirements for licensees and may develop and produce courses, approve continuing education courses and providers, and set those fees necessary to administer these requirements.
","history":"(Acts 1987, No. 87-812, p. 1616, §8; Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Acts 1996, No. 96-795, p. 1496, §1; Act 2015-496, p. 1764, §1; Act 2022-284, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33473,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32738,"codeId":28419,"versionId":38832,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-9","shortTitle":"Section 34-37-9","catchLine":"Fees; Reissuance Fees; Exceptions.","title":"Section 34-37-9 Fees; Reissuance Fees; Exceptions.","sectionRange":null,"content":"The board shall set the necessary fees to administer the requirements of this chapter and when adopted, such fee schedule shall be in lieu of any fee schedule heretofore prescribed by the board. The board shall not change the fee schedule to be effective in the middle of a calendar year.
The certificates or registrations provided for herein shall be issued by the board upon the payment of the prescribed fees. All annual certificates or registrations shall expire on December 31 of the year in which they are issued. The certificate fees herein prescribed shall be in addition to all privilege or license taxes otherwise levied. Certificates or registrations renewed after December 31 shall include the late renewal penalty established by the board.
All applicants requesting replacement of lost or stolen certificates shall be required to pay a reissuance fee based on the regular fee schedule.
All individuals serving in the armed forces will not be required to pay any back years for a renewal certificate during the calendar year he or she is released from active military duty.
All other individuals shall pay back years and prescribed penalties as set forth by rules of the board.
Any requests for waiver of back years and penalties shall be reviewed and considered by the board. The board shall vote to approve or disapprove each request.
","history":"(Acts 1987, No. 87-812, p. 1616, §9; Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Act 2015-496, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33474,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32739,"codeId":28420,"versionId":22084,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-10","shortTitle":"Section 34-37-10","catchLine":"Temporary Certificate.","title":"Section 34-37-10 Temporary Certificate.","sectionRange":null,"content":"Repealed by Act 2015-496 effective September 1, 2015.
","history":"(Acts 1987, No. 87-812, p. 1616, §10; Acts 1989, No. 89-406, p. 858, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33475,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32740,"codeId":28421,"versionId":38833,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-11","shortTitle":"Section 34-37-11","catchLine":"Reciprocal Agreements.","title":"Section 34-37-11 Reciprocal Agreements.","sectionRange":null,"content":"The board may establish reciprocal agreements with any other state licensing or certifying board which recognizes, as a minimum, the standards prescribed by the board, and may allow certified plumbers and gas fitters to receive a certificate in this state without taking examinations if the plumber or gas fitter is currently licensed in the reciprocating state and upon the payment of the prescribed fees.
","history":"(Acts 1987, No. 87-812, p. 1616, §11; Act 2015-496, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33476,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32741,"codeId":28422,"versionId":47860,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-12","shortTitle":"Section 34-37-12","catchLine":"Revocation or Suspension of Certificate or Registration.","title":"Section 34-37-12 Revocation or Suspension of Certificate or Registration.","sectionRange":null,"content":"(a) The board may revoke or suspend any certificate or registration if obtained through concealment, misstatement, or misrepresentation of any material fact in the application for such certificate. The board may discipline any person as defined in Section 34-37-1 for a violation of any law or ordinance pertaining to the business of the holder and may impose fines, administrative fees, or penalties not to exceed two thousand dollars ($2,000) for each violation. The board may also order restitution. Before a certificate or registration may be suspended or revoked, the holder thereof shall have notice in writing, enumerating the charges against him or her, and be entitled to a hearing by the board not sooner than five days from receipt of notice. The holder of the certificate or registration shall be given an opportunity to present testimony, oral or written, and right of cross-examination and representation by counsel. All testimony shall be given under oath. The board may administer oaths, issue subpoenas, and compel the attendance of witnesses.
(b) A certificate holder who has either entered into an agreement with the board regarding the resolution of a violation or other disciplinary action, or who has been ordered by the board to comply with the terms of a disciplinary judgment, shall satisfy all terms and conditions of the agreement or order and shall comply with the terms of a disciplinary judgment, including the payment of all fines, fees, restitution, and penalties, before recertification is granted or renewed.
(c) The decision of the board shall be based on the evidence produced at the hearing and made a part of the record thereof. The board may suspend any certificate or registration up to one year or may revoke the certificate or registration. The person whose certificate or registration has been revoked shall not be permitted to apply for a certificate or registration for one year from the date of revocation. No certification or registration shall be suspended or revoked unless the majority of the board members concur. Board procedure shall be the same as defined in the Alabama Administrative Procedure Act, Chapter 22 of Title 41. The board may establish additional procedures as needed, provided that any additional procedures are published and made public and are not in conflict with state law.
","history":"(Acts 1987, No. 87-812, p. 1616, §12; Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Act 2015-496, p. 1764, §1; Act 2022-284, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33477,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32742,"codeId":28423,"versionId":22085,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-13","shortTitle":"Section 34-37-13","catchLine":"Master Plumber’s and Gas Fitter’s Bond.","title":"Section 34-37-13 Master Plumber’s and Gas Fitter’s Bond.","sectionRange":null,"content":"Repealed by Act 2015-496 effective September 1, 2015.
","history":"(Acts 1987, No. 87-812, p. 1616, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33478,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32743,"codeId":28424,"versionId":38835,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-14","shortTitle":"Section 34-37-14","catchLine":"Wrongful Use of Certificate; Notification of Address; Inactive Status Affidavit.","title":"Section 34-37-14 Wrongful Use of Certificate; Notification of Address; Inactive Status Affidavit.","sectionRange":null,"content":"(a) No person who has obtained a certificate or registration shall allow his or her name to be used by another person, either for the purpose of obtaining permits, or doing business or work under his or her certificate or registration; and every person certified or registered shall notify the board of the address of his or her residence and place of business and the name under which such business is carried on, and shall give written notice within 30 days to the board of any change in either.
(b) Before any individual certified by the board engages in the business of master plumber and/or master gas fitter, he or she shall notify the board of the address of the place of business he or she engages in as such and the name under which such business is carried on and shall give written notice within 30 days of any change in either. All information required by this section shall be furnished on a business certification form furnished by the board.
(c) Any current certified or registered individual who does not intend to engage in the business of plumbing or gas fitting, as defined in this chapter, shall complete an inactive status affidavit obtained from the board. Any individual in inactive status must renew annually by remitting the annual inactive renewal fee set in the fee schedule.
(d) Code officials who hold a certification with the board and wish to be inactive shall be exempt from all renewal fees and re-examination requirements.
(e) Any individual in inactive status who wishes to reinstate active status shall complete an active status affidavit obtained from the board and remit all prescribed fees prior to re-engaging in plumbing or gas fitting, or both.
","history":"(Acts 1987, No. 87-812, p. 1616, §14; Acts 1989, No. 89-406, p. 858, §3; Act 2015-496, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33479,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32744,"codeId":28425,"versionId":38836,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-15","shortTitle":"Section 34-37-15","catchLine":"Acts, Works, and Conduct Permitted, Without License; Applicability of Chapter.","title":"Section 34-37-15 Acts, Works, and Conduct Permitted, Without License; Applicability of Chapter.","sectionRange":null,"content":"(a) The following acts, work, and conduct may be performed by anyone, without registration or certificate, provided, however, that all work and services herein named or referred to shall be subject to an inspection and approval in accordance with the terms of all state laws and applicable municipal ordinances:
(1) Plumbing work performed by anyone who is regularly employed or acting as a maintenance person incidental to and in connection with the business in which he or she is employed and engaged, provided the plumbing work is performed on the premises of the employer, and who does not engage in the occupation of a plumber for the general public.
(2) Plumbing work performed upon the premises or equipment of a railroad or other businesses or industry, by an employee thereof who does not engage in the occupation of a plumber for the general public.
(3) Plumbing or gas fitting work performed, not on private property, with the exception of easements, by persons engaged by or employed by any public utility company in the laying, maintenance, and operation of its service mains or lines and the installation, alteration, adjustment, repair, removal, and renovation of all types of appurtenances, and equipment provided such work does not alter gas piping on consumer side of meter.
(4) Any person engaged solely in the testing of backflow devices.
(5) Plumbing work performed by a property owner in or about a building owned or occupied by the owner.
(6) Any person may install washing machines to existing piping installation or waste lines, provided such plumbing work does not necessitate tying into waste or sewer lines on the outlet side of the trap.
(b) This chapter does not apply to any plumbing work performed by a property owner in or about a building owned or occupied by him or her, or plumbing work performed by anyone who is regularly employed by the property owner to provide maintenance or other repair services if the work is incidental to and in connection with the property for which he or she is employed and engaged and is done on the premises of the employer.
","history":"(Acts 1987, No. 87-812, p. 1616, §15; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §1(7); Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Act 2011-152, p. 282, §3; Act 2015-496, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33480,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32745,"codeId":28426,"versionId":22086,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-16","shortTitle":"Section 34-37-16","catchLine":"Restrictions.","title":"Section 34-37-16 Restrictions.","sectionRange":null,"content":"(a) No person shall use nor allow their certificate to enable anyone other than the certificate holder and his or her employees directly supervised by the certificate holder to perform plumbing or gas fitting. Local officials may require the certificate holder to be present if any problems develop on the work.
(b) No certificate issued by the board can be sold or transferred. Any certificate which is misused may be revoked by the board.
","history":"(Acts 1987, No. 87-812, p. 1616, §16; Acts 1989, No. 89-406, p. 858, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33481,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32746,"codeId":28427,"versionId":45876,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-17","shortTitle":"Section 34-37-17","catchLine":"Violation; Penalties.","title":"Section 34-37-17 Violation; Penalties.","sectionRange":null,"content":"(a) The board shall have the administrative authority to discipline or require a certificate holder to attend training specific to violations. The board has the authority to levy civil fines or penalties to any registered apprentice, certificate holder, or legal entity registered by the board for a violation of any provision of this chapter regulating plumbers, gas fitters, or medical gas pipe fitters up to two thousand dollars ($2,000) per violation and actual hearing cost.
(b) In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person or legal entity engaged in any activity, conduct, or practice constituting a violation of this chapter, directing the person or legal entity to forthwith cease and desist from the activity, conduct, practice, or performance of any work then being performed or about to be commenced.
(c) Except as provided in Section 13A-9-111.1, it shall be unlawful for any person or legal entity to violate any provision of this chapter regulating plumbers, gas fitters, or medical gas piping fitters. Any person convicted of such violation shall be punished as prescribed for a Class A misdemeanor.
","history":"(Acts 1987, No. 87-812, p. 1616, §17; Acts 1989, No. 89-406, p. 858, §3; Acts 1996, No. 96-795, p. 1496, §1; Act 2015-496, §1; Act 2021-272, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33482,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32747,"codeId":47261,"versionId":39342,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-17.1","shortTitle":"Section 34-37-17.1","catchLine":"Records and Confidentiality.","title":"Section 34-37-17.1 Records and Confidentiality.","sectionRange":null,"content":"(a) The board shall keep a record of its proceedings.
(b) The records of the board shall be evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the executive director of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
(c) Board records and papers of the following class are of a confidential nature and not public record: Examination material for examinations not yet given; exam scores; letters of inquiry and reference concerning applicants; board inquiry forms concerning applicants; pending or closed complaints and investigative files which shall remain confidential until an actual formal hearing may commence; and all other materials of like confidential nature.
","history":"(Act 2015-496, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33483,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32748,"codeId":28428,"versionId":22087,"parentId":28410,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-37-18","shortTitle":"Section 34-37-18","catchLine":"Repealer.","title":"Section 34-37-18 Repealer.","sectionRange":null,"content":"All laws or parts of laws which conflict with this act are hereby repealed and Act No. 529, H. 977, 1949 Regular Session (Acts 1949, p. 827), is hereby specifically repealed.
","history":"(Acts 1987, No. 87-812, p. 1616, §18; Acts 1989, No. 89-406, p. 858, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33484,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32749,"codeId":28429,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"38","shortTitle":"Chapter 38","catchLine":"Impaired Professionals’ Committee.","title":"Chapter 38 Impaired Professionals’ Committee.","sectionRange":"§34-38-1 to §34-38-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33485,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32750,"codeId":28430,"versionId":22088,"parentId":28429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-38-1","shortTitle":"Section 34-38-1","catchLine":"Definitions.","title":"Section 34-38-1 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following terms shall have the meaning respectively ascribed to them by this section, unless the context clearly provides for another:
(1) DENTIST. Any person who is a dentist or dental practitioner pursuant to the definition of Section 6-5-481, as amended.
(2) PHARMACIST. Any person who is a pharmacist as defined in Section 34-23-1, as amended, and pharmacy externs and interns registered by the Board of Pharmacy under Rule 680-X-2-.16 of the Alabama Administrative Code.
(3) BOARDS. Individually and/or jointly: The Board of Dental Examiners and the Board of Pharmacy.
(4) COMMITTEE. The Alabama Impaired Professionals’ Committee.
(5) HYGIENIST. Any person who is a hygienist pursuant to the provisions of Sections 34-9-26 and 34-9-27.
","history":"(Acts 1988, No. 88-334, p. 505, §1; Acts 1989, No. 89-860, p. 1713, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33486,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32751,"codeId":28431,"versionId":42758,"parentId":28429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-38-2","shortTitle":"Section 34-38-2","catchLine":"Promotion of Early Treatment, Etc., of Individuals Impaired by Illness, Inebriation, Etc.; Alabama Impaired Professionals’ Committee; Expenses; Competitive Bidding Not Required.","title":"Section 34-38-2 Promotion of Early Treatment, Etc., of Individuals Impaired by Illness, Inebriation, Etc.; Alabama Impaired Professionals’ Committee; Expenses; Competitive Bidding Not Required.","sectionRange":null,"content":"It shall be the duty and obligation of the State Board of Dental Examiners and the State Board of Pharmacy to promote the early identification, intervention, treatment, and rehabilitation of individuals within the respective jurisdiction, licensed to practice in the State of Alabama, who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, controlled substances, alcohol, chemicals, or other dependent forming substances, or as a result of any physical or mental condition rendering such person unable to meet the standards of his or her profession. For the purposes of this chapter, the term “impaired” shall mean the inability of a dentist, hygienist, or pharmacist to practice with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, controlled substances, alcohol, chemicals, or other dependent forming substances, or as a result of any physical or mental condition rendering such person unable to meet the standards of his or her profession. In order to carry out this obligation, each board, individually or jointly, is hereby empowered to contract with any nonprofit corporation, health provider, or professional association for the purpose of creating, supporting, and maintaining a committee of professionals to be designated the Alabama Impaired Professionals’ Committee. The committee shall consist of not less than three nor more than 15 professionals licensed to practice dentistry or pharmacy in the State of Alabama, and selected in a manner prescribed by the board or boards. The authority of the Alabama Impaired Professionals’ Committee shall not supersede the authority of the board or boards to take disciplinary action against individuals subject to this chapter. Nothing in this chapter shall limit the power and authority of the board or boards to discipline an impaired individual subject to its jurisdiction; provided that where an individual is impaired and currently in need of intervention, treatment, or rehabilitation and such individual is currently participating in programs or rehabilitation recommended by the committee, then in its discretion, the board or boards may refrain from taking or continuing disciplinary action against such individual; and further provided that where the board or boards, upon reasonable cause to believe an individual subject to its jurisdiction is impaired, has referred such individual to the committee for evaluation, then in its discretion, the board or boards may refrain from taking or continuing disciplinary action against such individual. The board, or boards, may collect or expend such funds as are available to it as deemed necessary to adequately provide for the operational expenses of the Alabama Impaired Professionals’ Committee, including, but not limited to, the actual cost of travel, office overhead and personnel expense, and compensation for the members of the committee and its staff; provided that operational expenses of the Alabama Impaired Professionals’ Committee shall not include the cost of treatment or rehabilitation programs recommended by the committee to individuals subject to this chapter. The funds provided by the board or boards, under this section for the purposes stated herein shall not be subject to any provision of law requiring competitive bidding.
","history":"(Acts 1988, No. 88-334, p. 505, §2; Acts 1989, No. 89-860, p. 1713, §2; Act 2013-252, p. 626, §1; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33487,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32752,"codeId":28432,"versionId":22089,"parentId":28429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-38-3","shortTitle":"Section 34-38-3","catchLine":"Authority of Board or Boards to Contract for Impaired Professionals’ Committee to Undertake Certain Functions.","title":"Section 34-38-3 Authority of Board or Boards to Contract for Impaired Professionals’ Committee to Undertake Certain Functions.","sectionRange":null,"content":"The board or boards shall have the authority to enter into an agreement with a nonprofit corporation, health provider, or professional association for the Alabama Impaired Professionals’ Committee to undertake those functions and responsibilities specified in the agreement. Such functions and responsibilities may include any or all of the following:
(1) Contracting with providers of treatment programs;
(2) Receiving and evaluating reports of suspected impairment from any source;
(3) Intervening in cases of verified impairment;
(4) Referring impaired professional to treatment programs;
(5) Monitoring the treatment and rehabilitation of impaired professional;
(6) Providing post-treatment monitoring and support of rehabilitated impaired professional; and
(7) Performing such other activities as agreed upon by the respective board or boards and the Alabama Impaired Professionals’ Committee.
","history":"(Acts 1988, No. 88-334, p. 505, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33488,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32753,"codeId":28433,"versionId":22090,"parentId":28429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-38-4","shortTitle":"Section 34-38-4","catchLine":"Procedures for Reporting Impaired Professional Program Activity and Disclosure and Joint Review of Information.","title":"Section 34-38-4 Procedures for Reporting Impaired Professional Program Activity and Disclosure and Joint Review of Information.","sectionRange":null,"content":"The Alabama Impaired Professionals’ Committee shall develop procedures in consultation with such board or boards for:
(1) Periodic reporting of statistical information regarding impaired professional program activity;
(2) Periodic disclosure and joint review of such information as the board or boards may deem appropriate regarding reports received, contracts or investigations made and the disposition of each report, provided, however, that the committee shall not disclose any personally identifiable information except as provided in Section 34-38-7.
","history":"(Acts 1988, No. 88-334, p. 505, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33489,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32754,"codeId":28434,"versionId":22091,"parentId":28429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-38-5","shortTitle":"Section 34-38-5","catchLine":"Nonliability of Impaired Professionals’ Committee Personnel, Etc., for Actions Within Scope of Function.","title":"Section 34-38-5 Nonliability of Impaired Professionals’ Committee Personnel, Etc., for Actions Within Scope of Function.","sectionRange":null,"content":"Any dentist licensed to practice in the State of Alabama, or pharmacist, who shall be duly appointed to serve as a member of the Alabama Impaired Professionals’ Committee and any auxiliary personnel, consultants, attorneys, or other employees of the committee shall not be liable to any person for any claim for damages as a result of any decision, opinion, investigation, or action taken by the committee or any individual member of the committee made by him or her within the scope of his or her function as a member of the committee if such decision, opinion, investigation, or action was taken without malice and on a reasonable belief that such action or recommendation was warranted by the facts that were then available. No nonprofit corporation, professional association, health provider, or state or county association that contracts with, or receives funds from, board or boards for the creation, support, and operation of the Alabama Impaired Professionals’ Committee shall be liable to any person for any claim for damages for any action taken or recommendation made by the Alabama Impaired Professionals’ Committee, or any member thereof, or any auxiliary personnel, consultant, attorney, or employee of such committee.
","history":"(Acts 1988, No. 88-334, p. 505, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33490,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32755,"codeId":28435,"versionId":22092,"parentId":28429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-38-6","shortTitle":"Section 34-38-6","catchLine":"Confidentiality of Information, Records, and Proceedings.","title":"Section 34-38-6 Confidentiality of Information, Records, and Proceedings.","sectionRange":null,"content":"All information, interviews, reports, statements, memorandums, or other documents furnished to or produced by the Alabama Impaired Professionals’ Committee and any findings, conclusions, recommendations, or reports resulting from the investigations, interventions, treatment, or rehabilitation, or other related proceedings of such committee are declared to be privileged and confidential. All records and proceedings of such committee shall be confidential and shall be used by such committee, the members thereof, and the boards, only in the exercise of the proper functions of the committee and the boards, and shall not be public records nor available for court subpoena or for discovery proceedings. Nothing contained herein shall apply to records made in the regular course of business of an individual; documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the Alabama Impaired Professionals’ Committee.
","history":"(Acts 1988, No. 88-334, p. 505, §2; Acts 1989, No. 89-860, p. 1713, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33491,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32756,"codeId":28436,"versionId":22093,"parentId":28429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-38-7","shortTitle":"Section 34-38-7","catchLine":"Annual Report.","title":"Section 34-38-7 Annual Report.","sectionRange":null,"content":"It shall be the duty of the Alabama Impaired Professionals’ Committee to render an annual report to each board or boards, concerning the operations and proceedings of the committee for the preceding year. In addition, the committee shall promptly report to the respective boards any individual within their jurisdiction who, in the opinion of the committee is unable to practice the standards of his or her profession with reasonable skill and safety to patients, by reason of illness, inebriation, excessive use of drugs, controlled substances, narcotics, alcohol, chemicals, or other dependency forming substances, or as a result of any physical or mental condition rendering such person unable to meet the standards of his or her profession and appears that such individual is currently in need of intervention, treatment, or rehabilitation. A report to the Alabama Impaired Professionals’ Committee shall be deemed to be a report to the board or boards for the purposes of any mandated reporting of professional impairment otherwise provided for by the statutes of this state.
","history":"(Acts 1988, No. 88-334, p. 505, §2; Acts 1989, No. 89-860, p. 1713, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33492,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32757,"codeId":28437,"versionId":22094,"parentId":28429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-38-8","shortTitle":"Section 34-38-8","catchLine":"Evaluation of Professional Who Is Believed to Be Impaired; Report of Findings.","title":"Section 34-38-8 Evaluation of Professional Who Is Believed to Be Impaired; Report of Findings.","sectionRange":null,"content":"If the board or boards has reasonable cause to believe that a professional is impaired, such board may cause an evaluation of such professional to be conducted by the Alabama Impaired Professionals’ Committee, for the purpose of determining if there is an impairment. The Alabama Impaired Professionals’ Committee shall report the findings of its evaluation to the respective board or boards.
","history":"(Acts 1988, No. 88-334, p. 505, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33493,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32758,"codeId":28438,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"39","shortTitle":"Chapter 39","catchLine":"Occupational Therapy Practice Act.","title":"Chapter 39 Occupational Therapy Practice Act.","sectionRange":"§34-39-1 to §34-39-44","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33494,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32759,"codeId":55002,"versionId":null,"parentId":28438,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-39-1 to §34-39-16","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33495,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32760,"codeId":28439,"versionId":22095,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-1","shortTitle":"Section 34-39-1","catchLine":"Short Title.","title":"Section 34-39-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the “Alabama State Occupational Therapy Practice Act.”
","history":"(Acts 1990, No. 90-383, p. 515, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33496,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32761,"codeId":28440,"versionId":22096,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-2","shortTitle":"Section 34-39-2","catchLine":"Purpose.","title":"Section 34-39-2 Purpose.","sectionRange":null,"content":"The Alabama State Occupational Therapy Practice Act is enacted to safeguard the public health, safety, and welfare, and to assure the availability of high quality occupational therapy services to persons in need of such services. It is the purpose of this chapter to provide for the regulation of persons offering themselves as occupational therapists or as occupational therapy assistants.
","history":"(Acts 1990, No. 90-383, p. 515, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33497,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32762,"codeId":28441,"versionId":35833,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-3","shortTitle":"Section 34-39-3","catchLine":"Definitions.","title":"Section 34-39-3 Definitions.","sectionRange":null,"content":"In this chapter, the following terms shall have the respective meanings provided in this section unless the context clearly requires a different meaning:
(1) ASSOCIATION. The Alabama Occupational Therapy Association.
(2) BOARD. The Alabama State Board of Occupational Therapy.
(3) LICENSE. A valid and current certificate of registration issued by the Alabama State Board of Occupational Therapy.
(4) OCCUPATIONAL THERAPY.
a. The practice of occupational therapy means the therapeutic use of occupations, including everyday life activities with individuals, groups, populations, or organizations to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for habilitation, rehabilitation, and the promotion of health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory-perceptual, and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical and mental health, well-being, and quality of life. The practice of occupational therapy includes:
1. Evaluation of factors affecting activities of daily living (ADL), instrumental activities of daily living (IADL), rest and sleep, education, work, play, leisure, and social participation including all of the following:
(i) Client factors, including body functions, such as neuromusculoskeletal, sensory-perceptual, visual, mental, cognitive, and pain factors; body structures such as cardiovascular, digestive, nervous, integumentary, genitourinary systems, and structures related to movement; values, beliefs, and spirituality.
(ii) Habits, routines, roles, rituals, and behavior patterns.
(iii) Physical and social environments, cultural, personal, temporal, and virtual contexts, and activity demands that affect performance.
(iv) Performance skills, including motor and praxis, sensory-perceptual, emotional regulation, cognitive, communication, and social skills.
2. Methods or approaches selected to direct the process of interventions such as:
(i) Establishment, remediation, or restoration of a skill or ability that has not yet developed, is impaired, or is in decline.
(ii) Compensation, modification, or adaptation of activity or environment to enhance performance, or to prevent injuries, disorders, or other conditions.
(iii) Retention and enhancement of skills or abilities without which performance in everyday life activities would decline.
(iv) Promotion of health and wellness, including the use of self-management strategies, to enable or enhance performance in everyday life activities.
(v) Prevention of barriers to performance and participation, including injury and disability prevention.
3. Interventions and procedures to promote or enhance safety and performance in activities of daily living (ADL), instrumental activities of daily living (IADL), rest and sleep, education, work, play, leisure, and social participation including all of the following:
(i) Therapeutic use of occupations, exercises, and activities.
(ii) Training in self-care, self-management, health management and maintenance, home management, community/work reintegration, and school activities and work performance.
(iii) Development, remediation, or compensation of neuromusculoskeletal, sensory-perceptual, visual, mental, and cognitive functions, pain tolerance and management, and behavioral skills.
(iv) Therapeutic use of self, including one’s personality, insights, perceptions, and judgments, as part of the therapeutic process.
(v) Education and training of individuals, including family members, caregivers, groups, populations, and others.
(vi) Care coordination, case management, and transition services.
(vii) Consultative services to groups, programs, organizations, or communities.
(viii) Modification of environments, including home, work, school, or community, and adaptation of processes, including the application of ergonomic principles.
(ix) Assessment, design, fabrication, application, fitting, and training in seating and positioning, assistive technology, adaptive devices, training in the use of prosthetic devices, orthotic devices, and the design, fabrication and application of selected splints or orthotics.
(x) Assessment, recommendation, and training in techniques to enhance functional mobility, including management of wheelchairs and other mobility devices.
(xi) Low vision rehabilitation when the patient or client is referred by a licensed optometrist, a licensed ophthalmologist, a licensed physician, a licensed assistant to physician acting pursuant to a valid supervisory agreement, or a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician.
(xii) Driver rehabilitation and community mobility.
(xiii) Management of feeding, eating, and swallowing to enable eating and feeding performance.
(xiv) Application of physical agent modalities, and use of a range of specific therapeutic procedures such as wound care management, interventions to enhance sensory-perceptual and cognitive processing, and manual therapy, all to enhance performance skills.
(xv) Facilitating the occupational performance of groups, populations, or organizations through the modification of environments and the adaptation of processes.
b. An occupational therapist or occupational therapy assistant is qualified to perform the above activities for which they have received training and any other activities for which appropriate training or education, or both, has been received. Notwithstanding any other provision of this chapter, no occupational therapy treatment programs to be rendered by an occupational therapist, occupational therapy assistant, or occupational therapy aide shall be initiated without the referral of a licensed physician, a licensed chiropractor, a licensed optometrist, a licensed assistant to a physician acting pursuant to a valid supervisory agreement, a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician, a licensed psychologist, or a licensed dentist who shall establish a diagnosis of the condition for which the individual will receive occupational therapy services. In cases of long-term or chronic disease, disability, or dysfunction, or any combination of the foregoing, requiring continued occupational therapy services, the person receiving occupational therapy services shall be reevaluated by a licensed physician, a licensed chiropractor, a licensed optometrist, a licensed assistant to a physician acting pursuant to a valid supervisory agreement, a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician, a licensed psychologist, or a licensed dentist at least annually for confirmation or modification of the diagnosis. Occupational therapists performing services that are not related to injury, disease, or illness that are performed in a wellness or community setting for the purposes of enhancing performance in everyday activities are exempt from this referral requirement. Occupational therapists employed by state agencies and those employed by the public schools and colleges of this state who provide screening and rehabilitation services for the educationally related needs of the students are exempt from this referral requirement.
c. Nothing in this chapter shall be construed as giving occupational therapists the authority to examine or diagnose patients or clients for departures from the normal of human eyes, visual systems or their adjacent structures, or to prescribe or modify ophthalmic materials including, but not limited to, spectacles, contacts, or spectacle-mounted low vision devices.
(5) OCCUPATIONAL THERAPIST. A person licensed to practice occupational therapy whose license is in good standing.
(6) OCCUPATIONAL THERAPY ASSISTANT. A person licensed to assist in the practices of occupational therapy under the supervision of, or with the consultation of, a licensed occupational therapist whose license is in good standing.
(7) OCCUPATIONAL THERAPY AIDE. A person who assists in the delivery of occupational therapy, who works under direct on-site supervision of an occupational therapist or occupational therapy assistant, or both, and whose activities require an understanding of occupational therapy but do not require professional or advanced training in the basic anatomical, biological, psychological, and social sciences involved in the practice of occupational therapy. No activity listed under paragraph a. of subdivision (4) may be performed by an occupational therapy aide.
(8) PERSON. A human person only, not a legal entity.
(9) WITH THE CONSULTATION OF. The collaboration of two or more persons on a regularly scheduled basis for the purpose of planning, review, or evaluation of occupational therapy services.
","history":"(Acts 1990, No. 90-383, p. 515, §3; Acts 1995, No. 95-279, p. 502, §3; Act 99-92, p. 108, §3; Act 2003-62, p. 96, §3; Act 2013-309, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33498,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32763,"codeId":28442,"versionId":35834,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-4","shortTitle":"Section 34-39-4","catchLine":"Representation of Self as Occupational Therapist or Therapy Assistant Without License Prohibited.","title":"Section 34-39-4 Representation of Self as Occupational Therapist or Therapy Assistant Without License Prohibited.","sectionRange":null,"content":"(a) No person may present himself or herself as an occupational therapist or an occupational therapy assistant in this state unless he or she is licensed in accordance with this chapter. No firm, partnership, association, or corporation may advertise or otherwise offer to provide or convey the impression that it is providing occupational therapy unless an individual holding a current valid license or limited permit under this chapter is or will at the appropriate time be rendering the occupational therapy services to which reference is made.
(b) It is unlawful for any person not licensed as an occupational therapist or an occupational therapy assistant or whose license has been suspended or revoked to use in connection with his or her name or place of business the words “occupational therapist,” “licensed occupational therapist,” “occupational therapy assistant,” “licensed occupational therapy assistant,” or the letters “O.T.,” “L.O.T.,” “O.T.R./L.,” “O.T.A.,” “L.O.T.A.,” “C.O.T.A./L.,” thereby indicating or implying that he or she is qualified to practice in this state as a licensed occupational therapist or a licensed occupational therapy assistant. At the discretion of the licensee, academic credentials including MS, OTR/L to indicate a master’s degree, and OTD to indicate a clinical doctorate, may also be used in conjunction with the licensure acronyms. It is unlawful also for any person not licensed under this chapter to show in any other way, orally, in writing, in print, or by sign, directly or by implication that he or she is engaged in performing occupational therapy services.
","history":"(Acts 1990, No. 90-383, p. 515, §4; Act 2013-309, p. 1041, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33499,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32764,"codeId":28443,"versionId":35835,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-5","shortTitle":"Section 34-39-5","catchLine":"Exceptions.","title":"Section 34-39-5 Exceptions.","sectionRange":null,"content":"Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following persons:
(1) Any person licensed under any other law of the state from engaging in the profession for which he or she is licensed.
(2) Any person employed as an occupational therapist or an occupational therapy assistant by the government of the United States, if the person provides occupational therapy solely under the direction or control of the organization by which he or she is employed.
(3) Any person pursuing a course of study leading to a degree in occupational therapy at an accredited or approved educational program if the activities and services constitute a part of a supervised course of study, if the person is designated by a title which clearly indicates his or her status as a student or trainee.
(4) Any person fulfilling the supervised fieldwork experience requirements of subdivision (2) of Section 34-39-8.
","history":"(Acts 1990, No. 90-383, p. 515, §5; Acts 1995, No. 95-279, p. 502, §3; Act 2013-309, p. 1041, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33500,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32765,"codeId":28444,"versionId":35836,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-6","shortTitle":"Section 34-39-6","catchLine":"Board of Occupational Therapy Established; Composition; Fund Created.","title":"Section 34-39-6 Board of Occupational Therapy Established; Composition; Fund Created.","sectionRange":null,"content":"(a) There is established the Alabama State Board of Occupational Therapy.
(1) The board shall consist of five members, four of whom shall be involved in the practice of occupational therapy, of which one shall be an occupational therapy assistant. The remaining member shall be a member of another health profession or a member of the public with an interest in the rights or the concerns of health services. Each member of the board shall be a citizen of this state. The occupational therapy board members shall be appointed by the Governor from a list submitted by the Alabama Occupational Therapy Association. In appointing members to the board, the association and the Governor, to the extent possible, shall select those persons whose appointments ensure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban/rural, and economic diversity of the state. Those board members who are occupational therapists, of which one shall be a minority, and occupational therapy assistants shall have been engaged in rendering services to the public, teaching, or research in occupational therapy for at least three years, and shall at all times be holders of valid licenses for the practice of occupational therapy in Alabama. Except for the members in the initial board, all members who are occupational therapists and occupational therapy assistants shall fulfill the requirements for licensure pursuant to this chapter. Terms of appointment for the initial board members shall be as follows: Two members shall serve a one-year term; two members shall serve a two-year term; and one member shall serve a three-year term.
(2) The board shall, within 90 days after April 17, 1990, be selected as provided in subdivision (1). At the expiration of the initial terms, board members shall be appointed in the same manner as initial appointments, each for a period of three years. No person shall be appointed to serve more than three consecutive terms.
(3) Terms shall begin on the first day of the calendar year and end on the last day of the calendar year, or until successors are appointed, except for the initial members who shall serve through the last calendar day of the year in which they are appointed before the commencement of the terms prescribed by subdivision (1).
(4) Within 45 days after April 17, 1990, and annually thereafter, the association shall submit two or three names for each position on the board to be filled. In the event of a midterm vacancy in one of the positions on the board, the Governor shall appoint a member to fill the unexpired term from a list submitted by the association in the same manner as provided in subdivision (1).
(5) The Governor, after notice and opportunity for hearing by the board, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of the license of the member, or other dishonorable conduct. After removal, the Governor shall appoint a successor to the unexpired term from a list of two or three names submitted by the association.
(6) The board shall elect from its membership a chairperson, a secretary, and a treasurer. A majority of the members of the board shall constitute a quorum. The board shall meet during the first month of the calendar year to select officers. No board member may hold the same position as an officer of the board for more than two consecutive years. At least one additional meeting shall be held before the end of the calendar year. Further meetings may be convened at the call of the chairperson, or on the request of any three board members.
(7) Members may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties in accordance with the laws of the State of Alabama and regulations of the State Personnel Director.
(b) There is established a separate special revenue fund in the State Treasury known as the Alabama State Board of Occupational Therapy Fund. All receipts collected by the board pursuant to this chapter shall be deposited in this fund and used only to carry out the provisions of this chapter. Receipts shall be disbursed only by warrant of the state Comptroller upon the State Treasurer, upon itemized vouchers approved by the chairperson. No funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Sections 41-4-80 to 41-4-96, inclusive, and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bill or other appropriation bills.
","history":"(Acts 1990, No. 90-383, p. 515, §6; Act 2003-62, p. 96, §3; Act 2011-168, p. 321, §3; Act 2013-309, p. 1041, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33501,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32766,"codeId":28445,"versionId":46211,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-7","shortTitle":"Section 34-39-7","catchLine":"Duties of Board; Joint Approval of Rules with Board of Medical Examiners.","title":"Section 34-39-7 Duties of Board; Joint Approval of Rules with Board of Medical Examiners.","sectionRange":null,"content":"(a) The board shall administer, coordinate, and enforce this chapter.
(b) The board, within 90 days of the time at which it is appointed, shall notify all current practitioners of occupational therapy in the state, as identified by the American Occupational Therapy Certification Board, of the enactment of this chapter and its otherwise becoming a law.
(c) The board shall adopt and publish rules relating to the professional conduct to carry out the policies of this chapter, including, but not limited to, rules relating to professional licensure, registration, and the establishment of ethical standards of practice. The State Board of Medical Examiners and the Alabama State Board of Occupational Therapy shall jointly approve any rule or policy that interprets, explains, or enumerates the permissible acts, functions, or services rendered by an occupational therapist, occupational therapy assistant, or occupational therapy aide as those acts, functions, and services are defined in Section 34-39-3. Any rule or policy adopted in violation of this requirement is invalid.
(d) The board shall evaluate the qualifications of all applicants for licensure under this chapter and shall maintain a register of all persons holding a license and a record of all inspections made.
(e) The board shall approve all examinations of applicants for licensure at least twice a year, shall determine the qualifications and authorize the issuance of licenses to qualified occupational therapists and occupational therapy assistants, and shall renew, suspend, or revoke the licenses in the manner provided.
(f) The board may investigate complaints and allegations concerning the violation of this chapter and may examine witnesses, issue subpoenas, and administer oaths in connection with these investigations. Hearings may be conducted, provided reasonable public notice is given and records and minutes are kept in accordance with the rules of the board.
(g) The board shall make an annual report to the Governor which shall contain an account of duties performed, actions taken, and appropriate recommendations.
(h) The board shall establish a budget in accordance with the requirements of the state.
(i) The board may establish and publish reasonable fees as established in Section 34-39-14.
(j) The board may employ and discharge an executive director and any officers and employees as may be necessary, and shall determine their duties and fix their compensation in accordance with applicable state statutes. The board shall hire and establish the responsibilities and salary of all employees.
(k) The board shall establish an impaired practitioner program beginning January 1, 2022, pursuant to Section 34-39-12.1.
","history":"(Acts 1990, No. 90-383, p. 515, §7; Acts 1995, No. 95-279, p. 502, §3; Act 2013-309, p. 1041, §1; Act 2021-516, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33502,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32767,"codeId":28446,"versionId":35837,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-8","shortTitle":"Section 34-39-8","catchLine":"Application for License; Requirements.","title":"Section 34-39-8 Application for License; Requirements.","sectionRange":null,"content":"An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall file a written application on forms provided by the board, showing to the satisfaction of the board fulfillment of all of the following requirements:
(1) Applicant shall present evidence satisfactory to the board of having successfully completed all of the academic requirements for degree or certificate conferral from an educational program in occupational therapy recognized by the board. The program shall be accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, Incorporated.
(2) Applicant shall pass an examination as provided for in Section 34-39-9.
","history":"(Acts 1990, No. 90-383, p. 515, §8; Acts 1995, No. 95-279, p. 502, §3; Act 2011-168, p. 321, §3; Act 2013-309, p. 1041, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33503,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32768,"codeId":28447,"versionId":22097,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-9","shortTitle":"Section 34-39-9","catchLine":"Examinations and Reexamination; Foreign Trained Applicants.","title":"Section 34-39-9 Examinations and Reexamination; Foreign Trained Applicants.","sectionRange":null,"content":"(a) A person applying for licensure under this chapter shall demonstrate his/her eligibility in accordance with the requirements of Section 34-39-8, and shall make application for examination upon a form and in such a manner as the board shall prescribe. A person who fails an examination may make reapplication for reexamination accompanied by the established fee.
(b) Each applicant for licensure under this chapter shall be examined by written examination to test his or her knowledge of the basic clinical sciences relating to occupational therapy, and occupational therapy theory and practice, the applicant’s professional skills and judgment in the utilization of occupational therapy techniques and methods, and such other subjects as the board may deem useful to determine the applicant’s fitness to practice. The board shall establish standards for acceptable performance by the applicant.
(c) Applicants for licensure shall be examined at a time and place and under such supervision as the board may require. Examinations shall be given at least twice each year at such places as the board may determine. The board shall give reasonable public notice of these examinations in accordance with its rules and regulations.
(d) Applicants may obtain their examination scores in accordance with such rules and regulations as the board may establish.
(e) Foreign trained occupational therapists and occupational therapy assistants shall satisfy the examination requirements of Section 34-39-8(3). The board shall require foreign trained applicants to complete educational and supervised fieldwork requirements, substantially equal to those contained in Section 34-39-8, before taking the examination.
","history":"(Acts 1990, No. 90-383, p. 515, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33504,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32769,"codeId":28448,"versionId":22098,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-10","shortTitle":"Section 34-39-10","catchLine":"Waiver of License Requirements; Reciprocity; Notification Procedure.","title":"Section 34-39-10 Waiver of License Requirements; Reciprocity; Notification Procedure.","sectionRange":null,"content":"(a) The board shall grant a license to any person certified prior to April 17, 1990, as an occupational therapist registered (OTR) or as a certified occupational therapy assistant (COTA) by the American Occupational Therapy Association, Inc. The board may waive the examination, education, or experience and grant a license to any person certified after April 17, 1990, by a national occupational therapy certification board, if the board considers the requirements for certification to be equivalent to the requirements under the terms of this chapter.
(b) The board may waive the examination, education, or experience requirements and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or an occupational therapy assistant in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this chapter.
(c) The board shall cause notification to be sent to all occupational therapists and occupational therapy assistants presently employed or practicing occupational therapy in this state. The notification shall summarize the requirements of this chapter and provide information on procedures for obtaining a license.
","history":"(Acts 1990, No. 90-383, p. 515, §10; Acts 1995, No. 95-279, p. 502, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33505,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32770,"codeId":28449,"versionId":35838,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-11","shortTitle":"Section 34-39-11","catchLine":"Issuance of License; Limited Permit; Permitted Representations.","title":"Section 34-39-11 Issuance of License; Limited Permit; Permitted Representations.","sectionRange":null,"content":"(a) The board shall issue a license to any person who meets the requirements of this chapter upon payment of the license fee as described in Section 34-39-14.
(b) The board shall issue a limited permit to persons who have completed the educational and fieldwork experience requirements of this chapter. This permit shall allow the person to practice occupational therapy under the supervision of an occupational therapist who holds a current license in this state and shall be valid until the date on which the results of the qualifying examination have been made public. This limited permit shall not be renewed if the applicant has failed the examination. Failure of the examination shall result in revocation of an active limited permit.
(c) Any person who is issued a license as an occupational therapist under the terms of this chapter may use the words “occupational therapist,” “licensed occupational therapist,” “occupational therapist registered,” or may use the letters “O.T.,” “L.O.T.,” or “O.T.R./L.” in connection with his/her name or place of business to denote registration hereunder.
(d) Any person who is issued a license as an occupational therapy assistant under the terms of this chapter may use the words “occupational therapy assistant,” “licensed occupational therapy assistant,” “certified occupational therapy assistant,” or may use the letters “O.T.A.,” “L.O.T.A.,” or “C.O.T.A./L.” in connection with his or her name or place of business to denote registration hereunder.
","history":"(Acts 1990, No. 90-383, p. 515, §11; Act 2013-309, p. 1041, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33506,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32771,"codeId":28450,"versionId":22099,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-12","shortTitle":"Section 34-39-12","catchLine":"Denial or Suspension of License; Probationary Conditions; Hearing; Reinstatement.","title":"Section 34-39-12 Denial or Suspension of License; Probationary Conditions; Hearing; Reinstatement.","sectionRange":null,"content":"(a) The board shall, after notice and opportunity for hearing, have the power to deny or refuse to renew a license, or may suspend or revoke a license, or may impose probationary conditions, where the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes:
(1) Obtaining or attempting to obtain a license by fraud, misrepresentation, or concealment of material facts;
(2) Being guilty of unprofessional conduct as defined by the rules established by the board;
(3) Violating any lawful order, rule, or regulation rendered or adopted by the board;
(4) Being convicted of a crime other than minor offenses defined as “minor misdemeanors,” “violations,” or “offenses” in any court if the acts for which he or she was convicted are found by the board to have a direct bearing on whether he or she should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant;
(5) Violating any provision of this chapter.
(b) Such denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board. One year from the date of the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.
","history":"(Acts 1990, No. 90-383, p. 515, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33507,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32772,"codeId":53856,"versionId":46730,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-12.1","shortTitle":"Section 34-39-12.1","catchLine":"Alabama Occupational Therapy Wellness Committee; Impaired Practitioner Program.","title":"Section 34-39-12.1 Alabama Occupational Therapy Wellness Committee; Impaired Practitioner Program.","sectionRange":null,"content":"(a) The board shall promote the early identification, intervention, treatment, and rehabilitation of occupational therapists or occupational therapy assistants who may be impaired.
(b) To accomplish this obligation, the board may contract with any nonprofit corporation or medical professional association to create, support, and maintain an Alabama Occupational Therapy Wellness Committee. The committee shall be selected in a manner prescribed by the board. The board may expend available funds as necessary to adequately provide for the operational expenses of the committee including, but not limited to, the actual cost of travel, office overhead, and personnel expense. The expenditure of funds provided by the board for operating expenses of the committee are not subject to state competitive bid laws.
(c) The board may enter into an agreement with a nonprofit corporation or medical professional association for the committee to undertake those functions and responsibilities specified in the agreement, which may include any or all of the following:
(1) Contracting with providers of treatment programs.
(2) Receiving and evaluating reports of suspected impairment from any source.
(3) Intervening in cases of verified impairment.
(4) Referring impaired occupational therapists or occupational therapy assistants to treatment programs.
(5) Monitoring the treatment and rehabilitation of impaired occupational therapists or occupational therapy assistants.
(6) Providing post-treatment monitoring and support of rehabilitated impaired occupational therapists or occupational therapy assistants.
(7) Performing other activities as agreed by the board and the committee.
(d) The committee shall develop procedures in consultation with the board for all of the following:
(1) Periodic reporting of statistical information regarding impaired practitioner program activity.
(2) Periodic disclosure and joint review of all information the board deems appropriate regarding reports received, contracts or investigations made, and the disposition of each report. The committee may not disclose any personally identifiable information except as otherwise provided in this chapter.
(e) Any person appointed to serve as a member of the committee and any auxiliary personnel, consultant, attorney, or other volunteer or employee of the committee taking any action authorized by this chapter, engaging in the performance of any duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, in the performance and operation thereof, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or other entity that contracts with or receives funds from the board for the creation, support, and operation of the committee, in so doing, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(f) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the committee and any findings, conclusions, recommendations, or reports resulting from any investigation, intervention, treatment, or rehabilitation, or other proceeding of the committee is privileged and confidential. All records and proceedings of the committee pertaining to an impaired occupational therapist or occupational therapy assistant are confidential and shall be used by the committee and the members of the committee only in the exercise of the proper function of the committee and shall not be public record nor available for court subpoena or for discovery proceedings. In the event of a breach of contract between the committee and the impaired occupational therapist or occupational therapy assistant, all records pertaining to the conduct determined to cause the breach of contract shall be disclosed to the board upon its request for disciplinary purposes only. Nothing contained in this subsection shall apply to records made in the regular course of business of an occupational therapist or occupational therapy assistant and any information, document, or record otherwise available from an original source may not be construed as immune from discovery or use in any civil proceeding merely because it is presented or considered during proceedings of the committee.
(g) The committee shall render an annual report to the board concerning the operations and proceedings of the committee for the preceding year. The committee shall report to the board any occupational therapist or occupational therapy assistant who the committee determines is impaired, when it appears that the occupational therapist or occupational therapy assistant is currently in need of intervention, treatment, or rehabilitation and the occupational therapist or occupational therapy assistant has failed or refused to participate in any program of treatment or rehabilitation recommended by the committee. A report to the committee shall be deemed a report to the board for the purposes of any mandated reporting of occupational therapy licensee impairment or occupational therapy assistance licensee impairment otherwise provided for by law.
(h) If the board has reasonable cause to believe that an occupational therapist or occupational therapy assistant is impaired, the board may cause an evaluation of the occupational therapist or occupational therapy assistant to be conducted by the committee for the purpose of determining if there is an impairment. The committee shall report the findings of its evaluation to the board.
","history":"(Act 2021-516, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33508,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32773,"codeId":28451,"versionId":22100,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-13","shortTitle":"Section 34-39-13","catchLine":"Expiration and Renewal of Licenses; Fee; Continuing Education; Late Fee.","title":"Section 34-39-13 Expiration and Renewal of Licenses; Fee; Continuing Education; Late Fee.","sectionRange":null,"content":"(a) All licenses under this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the board upon the payment of a renewal fee. The board may set a required number of continuing education units for license renewal. The board may provide for a late renewal of license upon payment of a late renewal fee. Any license which has not been restored within three years following its expiration may not be renewed, restored, or reissued thereafter. The holder of such an expired license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license.
(b) A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity or in other conduct or activity in violation of the license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the reorder or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.
","history":"(Acts 1990, No. 90-383, p. 515, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33509,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32774,"codeId":28452,"versionId":22101,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-14","shortTitle":"Section 34-39-14","catchLine":"Fees Authorized.","title":"Section 34-39-14 Fees Authorized.","sectionRange":null,"content":"The board is empowered to establish, publish, and collect reasonable fees and costs in amounts determined by the board for the following purposes:
(1) Application for examination;
(2) Limited permit fee;
(3) Initial license fee;
(4) Renewal of license fee;
(5) Late renewal fee; and
(6) The costs of conducting a hearing of any person whose license or certificate of qualification is suspended, revoked, or refused as a result of such hearing.
","history":"(Acts 1990, No. 90-383, p. 515, §14; Acts 1991, No. 91-165, p. 221, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33510,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32775,"codeId":28453,"versionId":22102,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-15","shortTitle":"Section 34-39-15","catchLine":"Violation as Misdemeanor; Penalty; Forfeiture and Revocation of License.","title":"Section 34-39-15 Violation as Misdemeanor; Penalty; Forfeiture and Revocation of License.","sectionRange":null,"content":"Any person who violates any provision of this chapter as set forth in Sections 34-39-4 and 34-39-13, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250 and not more than $1,000, or imprisonment for a period not exceeding six months, or both. A license held by any person convicted under this section shall be forfeited and revoked forthwith for one year from the date of such conviction.
","history":"(Acts 1990, No. 90-383, p. 515, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33511,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32776,"codeId":28454,"versionId":37692,"parentId":55002,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-16","shortTitle":"Section 34-39-16","catchLine":"Complaints; Notice and Hearing; Judicial Review.","title":"Section 34-39-16 Complaints; Notice and Hearing; Judicial Review.","sectionRange":null,"content":"(a) Any person may file a complaint with the board against any licensed occupational therapist or licensed occupational therapy assistant in the state charging the person with having violated this chapter. The complaint shall set forth specifications of charges in sufficient detail so as to disclose to the accused fully and completely the alleged acts of misconduct for which he or she is charged. When a complaint is filed, the secretary of the board, or the executive director at the request of the secretary, shall mail a copy thereof to the accused by return receipt mail at his or her address of record, with a written notice of the time and place of hearing thereof, advising him or her that he or she may be present in person and by counsel if he or she so desires, to offer evidence and be heard in his or her defense.
(b) At the time and place fixed for the hearing, the board shall receive evidence upon the subject matter under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his or her defense. The board shall be bound by the rules of evidence in contested cases under Section 41-22-13 of the Alabama Administrative Procedure Act and all oral testimony considered by the board shall be under oath. If the board finds that the licensed occupational therapist or the licensed occupational therapy assistant has violated this chapter, the board may suspend or revoke his or her licensure, levy a reasonable fine not to exceed one thousand dollars ($1,000) per violation, or restrict his or her license and require the licensee to report regularly to the board on matters related to the reasons for the restricted license, or any combination of these.
(c) The action of the board in suspending, revoking, or refusing to issue a license may be appealed to the Circuit Court of Montgomery County accompanied by a bond to be approved by the court. The notice of appeal shall be filed within 30 days from the receipt of such order or ruling. Appeals shall be governed by the judicial review provisions of Section 41-22-20 of the Alabama Administrative Procedure Act, except that the review procedure provided therein shall not suspend the action of the board nor stay the enforcement of any order in the suspension, revocation, or refusal of a license.
","history":"(Acts 1990, No. 90-383, p. 515, §16; Acts 1991, No. 91-165, p. 221, §3; Act 2013-309, p. 1041, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33512,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32777,"codeId":55003,"versionId":null,"parentId":28438,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Occupational Therapy Licensure Compact.","title":"Article 2 Occupational Therapy Licensure Compact.","sectionRange":"§34-39-30 to §34-39-44","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33513,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32778,"codeId":55004,"versionId":48059,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-30","shortTitle":"Section 34-39-30","catchLine":"Purpose.","title":"Section 34-39-30 Purpose.","sectionRange":null,"content":"(a) The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states’ ability to protect the public’s health and safety.
(3) Encourage the cooperation of member states in regulating multi-state occupational therapy practice.
(4) Support spouses of relocating military members.
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.
(7) Facilitate the use of telehealth technology in order to increase access to occupational therapy services.
","history":"(Act 2022-93, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33514,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32779,"codeId":55005,"versionId":48060,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-31","shortTitle":"Section 34-39-31","catchLine":"Definitions.","title":"Section 34-39-31 Definitions.","sectionRange":null,"content":"As used in this compact, and except as otherwise provided, the following definitions shall have the following meanings:
(1) ACTIVE DUTY MILITARY. A full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual’s license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.
(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring process approved by an occupational therapy licensing board.
(4) COMPACT PRIVILEGE. The authorization, which is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
(5) CONTINUING COMPETENCE/EDUCATION. A requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
(6) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
(7) DATA SYSTEM. A repository of information about licensees, including, but not limited to, license status, investigative information, compact privileges, and adverse actions.
(8) ENCUMBERED LICENSE. A license in which an adverse action restricts the practice of occupational therapy by the licensee or the adverse action has been reported to the National Practitioners Data Bank (NPDB).
(9) EXECUTIVE COMMITTEE. A group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(10) HOME STATE. The member state that is the licensee’s primary state of residence.
(11) IMPAIRED PRACTITIONER. Individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.
(12) INVESTIGATIVE INFORMATION. Information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation.
(13) JURISPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of occupational therapy in a state.
(14) LICENSEE. An individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant.
(15) MEMBER STATE. A state that has enacted the compact.
(16) OCCUPATIONAL THERAPIST. An individual who is licensed by a state to practice occupational therapy.
(17) OCCUPATIONAL THERAPY ASSISTANT. An individual who is licensed by a state to assist in the practice of occupational therapy.
(18) OCCUPATIONAL THERAPY COMPACT COMMISSION or COMMISSION. The national administrative body whose membership consists of all states that have enacted the compact.
(19) OCCUPATIONAL THERAPY LICENSING BOARD or LICENSING BOARD. The agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants.
(20) OCCUPATIONAL THERAPY, OCCUPATIONAL THERAPY PRACTICE, and PRACTICE OF OCCUPATIONAL THERAPY. The care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state’s statutes and rules.
(21) PRIMARY STATE OF RESIDENCE. The state (also known as the home state) in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by: driver license, federal income tax return, lease, deed, mortgage, or voter registration, or other verifying documentation as further defined by commission rules.
(22) REMOTE STATE. A member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
(23) RULE. A regulation adopted by the commission that has the force of law.
(24) SINGLE STATE LICENSE. An occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state.
(25) STATE. Any state, commonwealth, district, or territory of the United States that regulates the practice of occupational therapy.
(26) TELEHEALTH. The application of telecommunication technology to deliver occupational therapy services for assessment, intervention, and/or consultation.
","history":"(Act 2022-93, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33515,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32780,"codeId":55006,"versionId":48061,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-32","shortTitle":"Section 34-39-32","catchLine":"State Participation in the Compact.","title":"Section 34-39-32 State Participation in the Compact.","sectionRange":null,"content":"(a) To participate in the compact, a member state shall:
(1) License occupational therapists and occupational therapy assistants.
(2) Participate fully in the commission’s data system, including, but not limited to, using the commission’s unique identifier as defined in rules of the commission.
(3) Have a mechanism in place for receiving and investigating complaints about licensees.
(4) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.
(5) Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation (FBI) and the agency responsible for retaining that state’s criminal records.
a. A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the FBI criminal record search, and shall use the results in making licensure decisions.
b. Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the FBI relating to a federal criminal records check performed by a member state under Public Law 92-544.
(6) Comply with the rules of the commission.
(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission.
(8) Have continuing competence and education requirements as a condition for license renewal.
(b) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(c) Member states may charge a fee for granting a compact privilege.
(d) A member state shall provide for the state’s delegate to attend all occupational therapy compact commission meetings.
(e) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting the compact privilege in any other member state.
(f) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
","history":"(Act 2022-93, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33516,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32781,"codeId":55007,"versionId":48062,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-33","shortTitle":"Section 34-39-33","catchLine":"Compact Privilege.","title":"Section 34-39-33 Compact Privilege.","sectionRange":null,"content":"(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(1) Hold a license in the home state;
(2) Have a valid United States Social Security number or National Practitioner Identification number;
(3) Have no encumbrance on any state license;
(4) Be eligible for a compact privilege in any member state in accordance with subsections (d), (f), (g), and (h);
(5) Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two years have elapsed from the date of such completion;
(6) Notify the commission that the licensee is seeking the compact privilege within a remote state or states;
(7) Pay any applicable fees, including any state fee, for the compact privilege;
(8) Complete a criminal background check in accordance with Section 34-39-32(a)(5). The licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check;
(9) Meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a compact privilege; and
(10) Report to the commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.
(c) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(d) Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.
(e) A licensee providing occupational therapy in a remote state is subject to that state’s regulatory authority. A remote state, in accordance with due process and that state’s laws, may remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its residents. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(f) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until both of the following occur:
(1) The home state license is no longer encumbered.
(2) Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with subdivision (1).
(g) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) to obtain a compact privilege in any remote state.
(h) If a licensee’s compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until all of the following occur:
(1) The specific period of time for which the compact privilege was removed has ended.
(2) All fines have been paid and all conditions have been met.
(3) Two years have elapsed from the date of completing requirements for subdivision (1) and (2).
(4) The compact privileges are reinstated by the commission, and the compact data system is updated to reflect reinstatement.
(i) If a licensee’s compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.
(j) Once the requirements of subsection (h) have been met, the licensee must meet the requirements in subsection (a) to obtain a compact privilege in a remote state.
","history":"(Act 2022-93, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33517,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32782,"codeId":55008,"versionId":48063,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-34","shortTitle":"Section 34-39-34","catchLine":"Obtaining a New Home State License by Virtue of Compact Privilege.","title":"Section 34-39-34 Obtaining a New Home State License by Virtue of Compact Privilege.","sectionRange":null,"content":"(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.
(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:
(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in Section 34-39-33 via the data system, without need for primary source verification except for:
a. An FBI fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544;
b. Other criminal background check as required by the new home state; and
c. Submission of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission.
(4) Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in Section 34-39-33, the new home state shall apply its requirements for issuing a new single-state license.
(5) The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.
(d) Nothing in this compact shall interfere with a licensee’s ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state license.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
","history":"(Act 2022-93, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33518,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32783,"codeId":55009,"versionId":48064,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-35","shortTitle":"Section 34-39-35","catchLine":"Active Duty Military Personnel or Their Spouses.","title":"Section 34-39-35 Active Duty Military Personnel or Their Spouses.","sectionRange":null,"content":"Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change his or her home state through application for licensure in the new state, or through the process outlined in Section 34-39-34.
","history":"(Act 2022-93, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33519,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32784,"codeId":55010,"versionId":48065,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-36","shortTitle":"Section 34-39-36","catchLine":"Adverse Actions.","title":"Section 34-39-36 Adverse Actions.","sectionRange":null,"content":"(a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapy assistant’s license issued by the home state.
(b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(1) Take adverse action against a licensed occupational therapist’s or occupational therapy assistant’s compact privilege within that member state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(d) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action or actions and shall promptly report the conclusions of the investigations to the Occupational Therapy Compact Commission data system. The Occupational Therapy Compact Commission data system administrator shall promptly notify the new home state of any adverse actions.
(e) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.
(f) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
(g) Joint Investigations:
(1) In addition to the authority granted to a member state by its respective state occupational therapy laws and rules or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(h) If an adverse action is taken by the home state against an occupational therapist’s or occupational therapy assistant’s license, the occupational therapist’s or occupational therapy assistant’s compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist’s or occupational therapy assistant’s license shall include a statement that the occupational therapist’s or occupational therapy assistant’s compact privilege is deactivated in all member states during the pendency of the order.
(i) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
(j) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
","history":"(Act 2022-93, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33520,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32785,"codeId":55011,"versionId":48066,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-37","shortTitle":"Section 34-39-37","catchLine":"Establishment of the Occupational Therapy Compact Commission.","title":"Section 34-39-37 Establishment of the Occupational Therapy Compact Commission.","sectionRange":null,"content":"(a) The compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission.
(1) The commission is an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing board.
(2) The delegate shall be either:
a. A current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or
b. An administrator of the licensing board.
(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(4) The member state licensing board shall fill any vacancy occurring on the commission within 90 days.
(5) Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
(6) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(7) The commission shall establish by rule a term of office for delegates.
(c) The commission shall have the following powers and duties:
(1) Establish a code of ethics for the commission;
(2) Establish the fiscal year of the commission;
(3) Establish bylaws;
(4) Maintain its financial records in accordance with the bylaws;
(5) Meet and take such actions as are consistent with the provisions of this compact and the bylaws;
(6) Adopt uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;
(7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected;
(8) Purchase and maintain insurance and bonds;
(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest;
(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed; provided, that at all times the commission shall avoid any appearance of impropriety;
(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(14) Establish a budget and make expenditures;
(15) Borrow money;
(16) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(17) Provide and receive information from, and cooperate with, law enforcement agencies;
(18) Establish and elect an executive committee; and
(19) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
(2) The executive committee shall be composed of up to nine members:
a. Seven voting members who are elected by the commission from the current membership of the commission;
b. One ex-officio, nonvoting member from a recognized national occupational therapy professional association; and
c. One ex-officio, nonvoting member from a recognized national occupational therapy certification organization.
d. The ex-officio members will be selected by their respective organizations.
(3) The commission may remove any member of the executive committee as provided in bylaws.
(4) The executive committee shall meet at least annually.
(5) The executive committee shall have the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fees charged to licensees for the privilege to practice within the compact;
b. Ensure compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the commission;
e. Monitor compact compliance of member states and provide compliance reports to the commission;
f. Establish additional committees as necessary; and
g. Perform other duties as provided in rules or bylaws.
(e) Meetings of the commission.
(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 34-39-39.
(2) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss:
a. Non-compliance of a member state with its obligations under the compact;
b. The employment, compensation, discipline or other matters, practices, or procedures related to specific employees, or other matters related to the commission’s internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(f) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall adopt a rule binding upon all member states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subdivision shall be construed to protect any person from suit, liability, or both, for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
","history":"(Act 2022-93, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33521,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32786,"codeId":55012,"versionId":48067,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-38","shortTitle":"Section 34-39-38","catchLine":"Data System.","title":"Section 34-39-38 Data System.","sectionRange":null,"content":"(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable (utilizing a unique identifier) as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license or privilege within the compact to practice;
(4) Non-confidential information related to alternative program participation;
(5) Any denial of application for licensure, and the reason or reasons for the denial;
(6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission; and
(7) Current significant investigative information.
(c) Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
","history":"(Act 2022-93, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33522,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32787,"codeId":55013,"versionId":48068,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-39","shortTitle":"Section 34-39-39","catchLine":"Rulemaking.","title":"Section 34-39-39 Rulemaking.","sectionRange":null,"content":"(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) The commission shall adopt reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect.
(c) If a majority of the Legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(e) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking as follows:
(1) On the website of the commission or other publicly accessible platform.
(2) On the website of each member state occupational therapy counseling licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(f) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
(2) The text of the proposed rule or amendment and the reason for the proposed rule;
(3) A request for comments on the proposed rule from any interested person; and
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and submit any written comments.
(g) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
(h) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons;
(2) A state or federal governmental subdivision or agency; or
(3) An association having at least 25 members.
(i) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings will be recorded. A copy of the recording will be made available on request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(j) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with adoption of the proposed rule without a public hearing.
(l) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(m) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or member state funds;
(3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule; or
(4) Protect public health and safety.
(n) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
","history":"(Act 2022-93, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33523,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32788,"codeId":55014,"versionId":48069,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-40","shortTitle":"Section 34-39-40","catchLine":"Oversight, Dispute Resolution, and Enforcement.","title":"Section 34-39-40 Oversight, Dispute Resolution, and Enforcement.","sectionRange":null,"content":"(a) Oversight.
(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules adopted hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.
(3) The commission shall be entitled to receive service of process in any proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or adopted rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall:
a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission; and
b. Provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the Governor, the majority and minority leaders of the defaulting state’s Legislature, and each of the member states.
(4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(c) Dispute Resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its adopted rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
","history":"(Act 2022-93, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33524,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32789,"codeId":55015,"versionId":48070,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-41","shortTitle":"Section 34-39-41","catchLine":"Date of Implementation of the Interstate Commission for Occupational Therapy Practice and Associated Rules, Withdrawal, and Amendment.","title":"Section 34-39-41 Date of Implementation of the Interstate Commission for Occupational Therapy Practice and Associated Rules, Withdrawal, and Amendment.","sectionRange":null,"content":"(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the adoption of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
","history":"(Act 2022-93, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33525,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32790,"codeId":55016,"versionId":48071,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-42","shortTitle":"Section 34-39-42","catchLine":"Construction and Severability.","title":"Section 34-39-42 Construction and Severability.","sectionRange":null,"content":"This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
","history":"(Act 2022-93, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33526,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32791,"codeId":55017,"versionId":48072,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-43","shortTitle":"Section 34-39-43","catchLine":"Binding Effect of Compact and Other Laws.","title":"Section 34-39-43 Binding Effect of Compact and Other Laws.","sectionRange":null,"content":"(a) A licensee providing occupational therapy services in a remote state under the compact privilege shall function within the laws and rules of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(d) Any lawful actions of the commission, including all rules and bylaws properly adopted by the commission, are binding upon the member states.
(e) All agreements between the commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the compact exceeds the constitutional limits imposed on the Legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
","history":"(Act 2022-93, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33527,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32792,"codeId":55018,"versionId":48073,"parentId":55003,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-39-44","shortTitle":"Section 34-39-44","catchLine":"Judicial Proceedings by Individuals.","title":"Section 34-39-44 Judicial Proceedings by Individuals.","sectionRange":null,"content":"Except as to judicial proceedings for the enforcement of this compact among member states, individuals may pursue judicial proceedings related to this compact in any Alabama state or federal court that would otherwise have competent jurisdiction.
","history":"(Act 2022-93, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33528,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32793,"codeId":28455,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"40","shortTitle":"Chapter 40","catchLine":"Athletic Trainers.","title":"Chapter 40 Athletic Trainers.","sectionRange":"§34-40-1 to §34-40-73","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33529,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32794,"codeId":58591,"versionId":null,"parentId":28455,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-40-1 to §34-40-17","content":null,"history":null,"numChildren":19,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33530,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32795,"codeId":28456,"versionId":22103,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-1","shortTitle":"Section 34-40-1","catchLine":"Short Title.","title":"Section 34-40-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the “Alabama Athletic Trainers Licensure Act.”
","history":"(Acts 1993, No. 93-617, p. 1013, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33531,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32796,"codeId":28457,"versionId":45753,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-2","shortTitle":"Section 34-40-2","catchLine":"Definitions.","title":"Section 34-40-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADVISORY COUNCIL. The Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers created pursuant to Section 34-40-3.2.
(2) ATHLETIC INJURY. An injury or condition sustained as a result of, or limiting the preparation for or participation in, an exercise, sport, game, recreational activity, or any other activity that requires a level of strength, endurance, flexibility, or agility that is comparable to the level of strength, endurance, flexibility, or agility required for an exercise, sport, game, or recreational activity; or any injury that a physician deems would benefit from athletic training services.
(3) ATHLETIC TRAINER. An individual licensed by the Alabama Board of Athletic Trainers and under the direction or referral, or both, of a licensed physician after meeting the requirements of this chapter and rules adopted pursuant to this chapter.
(4) ATHLETIC TRAINING PRACTICE. Practice by an athletic trainer of any of the following:
a. The application of care for an athletic injury, including the application or provision of: (i) principles, methods, and procedures of recognition, examination, assessment, clinical evaluation, prevention, management, emergency care, disposition, or rehabilitation and reconditioning of athletic injuries; (ii) appropriate preventive and supportive devices; (iii) treatment using physical modalities such as heat, cold, light, mechanical devices, electric stimulation, manual therapy techniques, aquatic therapy, sound, or therapeutic exercise; and (iv) any other physical agent that is included within the written protocols allowed by the State Board of Medical Examiners and prescribed by a physician.
b. The organization and administration of athletic training programs, including health care administration and professional responsibility.
c. The provision of athletic training, education, and guidance to physically active individuals, coaches, medical personnel, and the community in the prevention and care of athletic injuries.
d. The recognition of potential illnesses and referrals to a physician for diagnosis and treatment.
e. The provision of injury prevention services developed for physically active individuals.
(5) BOARD. The Alabama Board of Athletic Trainers.
(6) INJURY PREVENTION. Care and guidance related to risk management, including biomechanics, conditioning, flexibility, energy requirements, strength training, and fitness.
(7) PHYSICAL THERAPIST. A physical therapist licensed by the Alabama State Board of Physical Therapy.
(8) PHYSICIAN. A physician licensed by the Medical Licensure Commission of Alabama.
(9) PHYSICIAN SUPERVISION. a. An athletic trainer acting under the supervision of a physician if:
1. The activities are undertaken pursuant to a verbal or written order of the physician who has evaluated the physically active individual; or
2. The activity is undertaken in accordance with a written protocol signed by the physician which describes the athletic injury encountered and directs appropriate medical interventions consistent with the qualification, training, and experience of the athletic trainer. The State Board of Medical Examiners shall establish medical criteria for any protocol used by athletic trainers and shall specify those conditions and circumstances that require referral to the physician for further evaluation.
b. Physician supervision establishes a formal relationship between an athletic trainer and a physician under which the athletic trainer is authorized to practice as evidenced by a written protocol approved by the State Board of Medical Examiners and requires professional oversight and direction pursuant to the rules of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers as recommended by the advisory council. No rule adopted pursuant to this paragraph shall be effective without the approval of both the State Board of Medical Examiners and the board.
","history":"(Acts 1993, No. 93-617, p. 1013, §2; Act 2021-113, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33532,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32797,"codeId":28458,"versionId":45754,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-3","shortTitle":"Section 34-40-3","catchLine":"Alabama Board of Athletic Trainers - Appointment of Members; Annual Meeting; Terms; Duties.","title":"Section 34-40-3 Alabama Board of Athletic Trainers - Appointment of Members; Annual Meeting; Terms; Duties.","sectionRange":null,"content":"(a) The Alabama Board of Athletic Trainers shall be composed of nine members who shall serve four-year terms. Members may not serve more than three consecutive four-year terms. Three members shall be a member of a minority class, one of whom shall be a physician member. The composition of the board shall be as follows:
(1) Six members who are athletic trainers, appointed by the Alabama Athletic Trainers’ Association in accordance with subsection (b), one of whom shall also be a physical therapist.
(2) Three physicians actively engaged in the treatment of athletic injuries or illnesses, appointed by the Medical Association of the State of Alabama.
(3) The President of the Alabama Athletic Trainers’ Association who shall serve as an ex officio member of the board and whose term of office shall be yearly to coincide with his or her term as President of the Alabama Athletic Trainers’ Association.
(b) The Alabama Athletic Trainers’ Association shall conduct an annual meeting at which all athletic trainers holding a current license under this article shall have the right to attend, nominate, and vote for the athletic trainer members of the board. The association shall regulate and prescribe the date, hour, and place of the meeting, the method of nomination, and the manner of voting. At least 30 days prior to the meeting, the board shall send notices to each current licensee at the address shown on the current registration notifying of the exact date, hour, and place of the meeting, the purpose of the meeting, and of the right to attend and vote. To qualify as a board member pursuant to this subsection, a person shall be a citizen of the United States and a resident of this state and have acted as an athletic trainer for three years within this state immediately preceding appointment.
(c) In making the initial appointments, the Alabama Athletic Trainers’ Association shall appoint one athletic trainer whose term will expire in 1994, two athletic trainers whose terms will expire in 1995, one athletic trainer whose term will expire in 1996, and two athletic trainers whose terms will expire in 1997. The Medical Association of the State of Alabama shall appoint one physician whose term will expire in 1994, one physician whose term will expire in 1995, and one physician whose term will expire in 1996. All appointments expire on December 31 of the year specified.
(d) Each appointee to the board shall qualify by taking an oath of office within 15 days from the date of the appointment. In the event of death, resignation, or removal of any member, except for physician members, the vacancy of the unexpired term shall be filled by the board.
(e) The board shall elect a chair, a vice-chair, and a secretary from its members for a term of one year and may appoint any committees and formulate any rules it considers necessary to carry out its duties pursuant to this article. The board shall meet at least twice each year. Additional meetings may be held at the call of the chair or at the written request of any two members of the board. The secretary shall keep a record of the proceedings of the board. The board may adopt rules consistent with this chapter which are necessary for the performance of its duties. The board may employ an executive secretary and any officers and employees as may be necessary to carry out the duties of the board. The State Board of Medical Examiners and the board shall jointly approve any rule or policy that interprets, explains, or enumerates the permissible acts, functions, or services rendered by an athletic trainer as those acts, functions, and services are defined in Section 34-40-2. Any rule or policy adopted in violation of this requirement is invalid. The board shall prescribe methods and forms for license applications, license certificate, license renewal, verification of license, continuing education verification, and any forms for information required from licensees to carry out the duties of the board. The board shall adopt an official seal and a license certificate of suitable design.
(f) Members of the board shall receive one hundred dollars ($100) for every day actually spent in the performance of their duties and in addition thereto shall be reimbursed according to the state travel policy for other expenses in the same amounts and under the same conditions as state employees are reimbursed.
(g) The board shall pass upon the qualifications of applicants for licensure as an athletic trainer and issue licenses and annual renewals to athletic trainers. The board shall fix fees for such applications, licenses, renewals, verification of licensure, replacement of licenses, name changes of licensees, publication fees, or other administration fees deemed necessary to carry out this article.
","history":"(Acts 1993, No. 93-617, p. 1013, §3; Acts 1997, No. 97-597, p. 1051, §1; Act 2011-171, p. 332, §3; Act 2021-113, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33533,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32799,"codeId":53350,"versionId":46277,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-3.2","shortTitle":"Section 34-40-3.2","catchLine":"Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers.","title":"Section 34-40-3.2 Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers.","sectionRange":null,"content":"(a) There is created the Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers. The membership of the advisory council shall include all of the following:
(1) Three physicians, appointed by the State Board of Medical Examiners.
(2) Three athletic trainers appointed by the board.
(b) In order to stagger the terms of office, the three physician members of the advisory council shall serve initial terms of one, two, and three years, as determined by the State Board of Medical Examiners, and terms of three years thereafter, and the three athletic trainer members of the advisory council shall serve initial terms of one, two, and three years, as determined by the board, and terms of three years thereafter. Should a vacancy occur on the advisory council, a successor shall be appointed by the original appointing authority to serve the remainder of the unexpired term.
(c) The advisory council shall meet annually, or more frequently if agreed by both the State Board of Medical Examiners and the board. During the annual meeting the membership of the advisory council shall select one of its members to serve as chair for a term of one year. The office of chair shall alternate between a physician member and an athletic trainer member.
(d) Members of the advisory council shall receive a per diem at a rate of one hundred dollars ($100) per day or any portion thereof that the advisory council member is attending an official meeting or function of the advisory council. In addition, each member of the advisory council shall receive reimbursement for subsistence and travel in accordance with state law as provided for state employees, for each day actively engaged in the duties of the office. Compensation of the members of the advisory council shall be paid by the appointing authority, and the appointing authorities shall furnish necessary clerical and administrative support for the operation of the advisory council.
(e) Any provision of this chapter to the contrary notwithstanding, the advisory council shall recommend model practice protocols to be used by athletic trainers, subject to approval by both the State Board of Medical Examiners and the board. The advisory council shall be limited to voting on new standard protocols, adding or deleting existing protocols, and amending existing protocols. The advisory council may recommend rules establishing the ratio of physicians to athletic trainers and the manner in which a supervising physician may designate an alternate supervising physician when temporarily unavailable as the supervising physician. The advisory council may not grant deviations from protocol. No rule or protocol shall be effective until approved by both the State Board of Medical Examiners and the board.
","history":"(Act 2021-113, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33535,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32800,"codeId":28460,"versionId":22104,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-4","shortTitle":"Section 34-40-4","catchLine":"Unauthorized Use of Title.","title":"Section 34-40-4 Unauthorized Use of Title.","sectionRange":null,"content":"No person shall use the title “athletic trainer”, “certified athletic trainer”, or “licensed athletic trainer”, or use the letters “LAT”, “ATC”, or “AT”, or any other facsimile thereof, whether or not compensation is received or expected, unless the person is licensed as an athletic trainer in this state pursuant to this chapter.
","history":"(Acts 1993, No. 93-617, p. 1013, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33536,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32801,"codeId":28461,"versionId":45755,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-5","shortTitle":"Section 34-40-5","catchLine":"Requirements for License; Application; Fees.","title":"Section 34-40-5 Requirements for License; Application; Fees.","sectionRange":null,"content":"(a) Any individual seeking licensure as an athletic trainer shall be a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government, and meets at least one of the following requirements:
(1) Satisfactory completion of all Board of Certification, Inc., or its successor organization, qualifications; certification as an athletic trainer in good standing by the Board of Certification, Inc.; and eligibility for a National Provider Identifier.
(2) Licensure by reciprocity. The board shall grant, without examination, licensure to any qualified athletic trainer holding a license certificate or registration in another state if that state maintains licensure qualifications that are substantially equivalent to those required in this state, and gives similar reciprocity to licensees of this state.
(b) Any individual desiring to be licensed, desiring a renewal of an existing license, desiring verification of licensure, reinstatement of a license, replacement of a license, or name changes for a licensee as an athletic trainer in this state shall make and file with the board a written application or request as prescribed by the board. The application shall be accompanied by the payment of a fee, as set by the board, to include publication fees or other administrative fees deemed necessary to carry out the provisions of this chapter. Any licensee who fails to renew his or her license within 90 days following expiration of the previous license shall be required to file a new application and pay an application fee with the board.
","history":"(Acts 1993, No. 93-617, p. 1013, §5; Acts 1997, No. 97-153, p. 195, §3; Act 2005-91, p. 142, §3; Act 2009-41, p. 140, §3; Act 2021-113, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33537,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32802,"codeId":28462,"versionId":45756,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-6","shortTitle":"Section 34-40-6","catchLine":"Treatment of Injuries","title":"Section 34-40-6 Treatment of Injuries","sectionRange":null,"content":"An athletic trainer, as a qualified health care professional, functioning under the supervision of a physician, may use therapeutic exercise and modalities for the treatment of athletic injuries for which he or she has received appropriate training or education.
","history":"(Acts 1993, No. 93-617, p. 1013, §6; Act 2021-113, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33538,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32803,"codeId":28463,"versionId":22105,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-7","shortTitle":"Section 34-40-7","catchLine":"Time Restrictions on Certification.","title":"Section 34-40-7 Time Restrictions on Certification.","sectionRange":null,"content":"(a) Any person actively engaged as an athletic trainer on May 13, 1993, shall be issued a license certificate if the athletic trainer submits proof of three years of experience as an athletic trainer within the preceding five-year period, receives approval by the board, and pays the license certificate fee as determined by the board. For the purpose of this section, a person is actively engaged as an athletic trainer if the person is employed on a salaried basis for the duration of the institution’s school year, or the length of the athletic organization’s season, and was hired and performs the duties of an athletic trainer as the major responsibility of employment. One year from May 13, 1993, application for a license certificate pursuant to this subsection shall not be permitted.
(b) The board shall grant licensure to any physical therapist who has satisfactorily completed all of the American Physical Therapy Association (APTA) qualifications as a board certified sports physical therapist (SCS). Three years from May 13, 1993, application for a licensure certificate pursuant to this subsection shall not be permitted.
(c) The board may grant licensure to a licensed physical therapist who submits experience and educational training as an athletic trainer within the preceding five-year period if the person performed duties as an athletic trainer as a significant responsibility. One year from May 13, 1993, application for licensure pursuant to this subsection shall not be permitted.
","history":"(Acts 1993, No. 93-617, p. 1013, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33539,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32804,"codeId":28464,"versionId":35765,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-8","shortTitle":"Section 34-40-8","catchLine":"Expiration of Licenses; Renewal Fee; Continuing Education.","title":"Section 34-40-8 Expiration of Licenses; Renewal Fee; Continuing Education.","sectionRange":null,"content":"All licenses issued by the board to athletic trainers shall expire on the last day of December each year. The license may be renewed on payment of a renewal fee, fixed by the board, completion of continuing education, and current licensee information, as may be needed. The board may reduce the renewal fee for a licensee who has been licensed less than six months before his or her license expires. The board shall adopt a program of continuing education for its licensees. The successful completion of the annual continuing education program shall be a requisite for the renewal of licenses issued pursuant to this chapter.
","history":"(Acts 1993, No. 93-617, p. 1013, §8; Acts 1997, No. 97-597, p. 1051, §1; Act 2011-171, p. 332, §3; Act 2013-87, p. 187, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33540,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32805,"codeId":28465,"versionId":45757,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-9","shortTitle":"Section 34-40-9","catchLine":"Professions and Occupations Not Affected; Chapter Not Applicable to Certain Persons.","title":"Section 34-40-9 Professions and Occupations Not Affected; Chapter Not Applicable to Certain Persons.","sectionRange":null,"content":"(a) Nothing in this chapter shall be construed as preventing or restricting any of the following individuals from engaging in the profession or occupation for which they are licensed, certified, or registered in Alabama as follows:
(1) Physicians and surgeons licensed by the Medical Licensure Commission.
(2) Dentists licensed by the State Board of Dental Examiners.
(3) Optometrists licensed by the Alabama Board of Optometry.
(4) Nurses licensed by the Board of Nursing.
(5) Chiropractors licensed by the State Board of Chiropractic Examiners.
(6) Podiatrists licensed by the State Board of Podiatry.
(7) Physical therapists licensed by the Board of Physical Therapy.
(8) Occupational therapists licensed by the Alabama Board of Occupational Therapy.
(9) Emergency medical technicians licensed by the Alabama Department of Public Health.
(10) Physician assistants licensed by the State Board of Medical Examiners.
(11) Massage therapists licensed by the Alabama Board of Massage Therapy.
(b) This chapter shall not apply to the following persons:
(1) Coaches and physical education instructors in the performance of their duties.
(2) Athletic trainers from other nations, states, or territories performing their duties for their respective teams or organizations and only during the course of their team’s or organization’s stay in this state.
(3) A person who performs any of the services set forth in this chapter as long as the person does not violate this chapter.
","history":"(Acts 1993, No. 93-617, p. 1013, §9; Act 2021-113, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33541,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32806,"codeId":28466,"versionId":45758,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-10","shortTitle":"Section 34-40-10","catchLine":"Reasons for Rejection, Revocation, or Suspension of License.","title":"Section 34-40-10 Reasons for Rejection, Revocation, or Suspension of License.","sectionRange":null,"content":"The board may refuse to issue a license certificate to any individual and, after notice and hearing pursuant to its rules, may suspend or revoke the license certificate of any individual who does any of the following:
(1) Practices athletic training other than under the supervision of a physician licensed to practice medicine or surgery.
(2) Uses drugs or intoxicating liquors to an extent which affects professional competency.
(3) Obtains or attempts to obtain a license by fraud or deception.
(4) Is found to be grossly negligent in the practice of athletic training.
(5) Is adjudged mentally incompetent by a court of competent jurisdiction.
(6) Is found to be guilty of conduct detrimental to the best interest of the public.
(7) Is or has been imprisoned for violating any state or federal controlled substance law.
(8) Is treating or has undertaken to treat human ailments otherwise than by athletic training and according to standards established by the board.
(9) Advertises unethically according to standards as set by the board.
(10) Fails or refuses to obey any lawful order or rule of the board.
(11) Engages in the unlawful invasion of the field of practice of any other profession.
","history":"(Acts 1993, No. 93-617, p. 1013, §10; Act 2021-113, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33542,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32807,"codeId":28467,"versionId":22106,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-11","shortTitle":"Section 34-40-11","catchLine":"Hearing Upon Application or Filing of Charges; Procedure; Appeal.","title":"Section 34-40-11 Hearing Upon Application or Filing of Charges; Procedure; Appeal.","sectionRange":null,"content":"(a) Any person whose application for a license is denied is entitled to a hearing before the board if the person submits a written request to the board. Proceedings for revocation or suspension of a license shall be commenced by filing charges with the board in writing and under oath. The charges may be made by any person or persons. The secretary shall fix a time and place for a hearing and shall cause a written copy of the charges or reason for denial of a license, together with a notice of the time and place fixed for hearing to be served on the applicant requesting the hearing or the licensee against whom the charges have been filed at least 20 days prior to the date set for the hearing. Service of charges and notice of hearing may be given by certified mail to the last known address of the licensee or applicant. At the hearing, the applicant or licensee has the right to appear either personally or by counsel, or both, to produce witnesses, to have subpoenas issued by the board, and to cross-examine the opposing or adverse witnesses. The board is not bound by the strict rules of procedure or by the laws of evidence in the conduct of the proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it. The board shall determine the charges on their merits and enter an order in a permanent record setting forth the findings of fact and law, and the action taken. On application, the board may reissue a license to a person whose license has been cancelled or revoked, but the application may not be made prior to the expiration of a period of six months after the order of cancellation or revocation has become final; and the application shall be made in the manner and form as the board may require.
(b) A person whose application for a license has been refused or whose license has been cancelled, revoked, or suspended by the board may take an appeal, within 30 days after the order is entered in the judicial circuit of his or her residence or in the Montgomery County Circuit Court, to any court of competent jurisdiction.
(c) Appeal from the judgment of the court lies as in other civil cases.
","history":"(Acts 1993, No. 93-617, p. 1013, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33543,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32808,"codeId":28468,"versionId":22107,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-12","shortTitle":"Section 34-40-12","catchLine":"Punishment for Violation.","title":"Section 34-40-12 Punishment for Violation.","sectionRange":null,"content":"Any person who violates any provision of this chapter is guilty of a Class B misdemeanor, and, upon conviction, shall be punished and fined, or both, as provided by law.
","history":"(Acts 1993, No. 93-617, p. 1013, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33544,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32809,"codeId":28469,"versionId":22108,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-13","shortTitle":"Section 34-40-13","catchLine":"Use of Title Authorized.","title":"Section 34-40-13 Use of Title Authorized.","sectionRange":null,"content":"Any person who holds a license pursuant to this chapter as an athletic trainer may use the words “athletic trainer” or “licensed athletic trainer,” and may use the letters “LAT” in connection with his or her name to denote his or her licensure as an athletic trainer.
","history":"(Acts 1993, No. 93-617, p. 1013, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33545,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32810,"codeId":28470,"versionId":22109,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-14","shortTitle":"Section 34-40-14","catchLine":"Athletic Trainers Fund Created; Expenditure of Funds.","title":"Section 34-40-14 Athletic Trainers Fund Created; Expenditure of Funds.","sectionRange":null,"content":"There is hereby created in the State Treasury a fund to be known as the Athletic Trainers Fund. All receipts of the Alabama Athletic Trainers Board shall be deposited into this fund. The expenses incurred by the Alabama Athletic Trainers Board in carrying out the provisions of this chapter shall be paid out of the Athletic Trainers Fund by warrant of the Comptroller upon the Treasurer upon itemized vouchers, approved by the chair of the board or his or her designee. The Alabama Board of Athletic Trainers may make grants, and to otherwise arrange with qualified individuals, institutions, or agencies to develop and promote athletic training programs and continuing education programs for athletic trainers. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96 and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriations acts.
","history":"(Acts 1993, No. 93-617, p. 1013, §14; Acts 1997, No. 97-597, p. 1051, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33546,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32811,"codeId":28471,"versionId":45759,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-15","shortTitle":"Section 34-40-15","catchLine":"Unauthorized Activities.","title":"Section 34-40-15 Unauthorized Activities.","sectionRange":null,"content":"(a) Nothing in this chapter shall authorize an athletic trainer to engage in the practice of medicine; to diagnose, treat, or cure any human disease, illness, ailment, infirmity, pain, or other condition that is not an athletic injury; to perform surgery of any type or description; or to prescribe any drug or medical device.
(b) Nothing in this chapter shall allow an athletic trainer to hold himself or herself out, or practice, as a physical therapist, occupational therapist, clinical nutritionist, or chiropractic physician. Nothing in this chapter shall allow an athletic trainer to perform spinal manipulation. However, nothing in this chapter shall be construed to restrict an athletic trainer from practicing within the scope of practice as otherwise provided under this chapter.
(c) Nothing in this chapter shall modify, amend, repeal, or supersede any provision of the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to or judicial interpretation of those laws.
","history":"(Acts 1993, No. 93-617, p. 1013, §16; Act 2021-113, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33547,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32812,"codeId":28472,"versionId":45760,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-16","shortTitle":"Section 34-40-16","catchLine":"Supervision Required in Physical Therapy Clinic.","title":"Section 34-40-16 Supervision Required in Physical Therapy Clinic.","sectionRange":null,"content":"An athletic trainer employed in a physical therapy clinic shall work under the administrative supervision of a physical therapist in the context of an employer/employee relationship. The authority of the physical therapist may not supersede the authority of the physician regarding treatment, in accordance with physician supervision of the athletic trainer.
","history":"(Acts 1993, No. 93-617, p. 1013, §17; Act 2021-113, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33548,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32813,"codeId":28473,"versionId":22110,"parentId":58591,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-17","shortTitle":"Section 34-40-17","catchLine":"Sunset Provision.","title":"Section 34-40-17 Sunset Provision.","sectionRange":null,"content":"The Alabama Board of Athletic Trainers is subject to the provisions of the Alabama Sunset Law of 1981, shall be classified an enumerated agency under Section 41-20-3, and shall terminate on October 1, 1997, unless continued as therein provided. If continued, the board shall be reviewed every four years thereafter and terminated unless continued by the law.
","history":"(Acts 1993, No. 93-617, p. 1013, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33549,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32814,"codeId":58593,"versionId":null,"parentId":28455,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Athletic Trainer Secondary School Incentive Program.","title":"Article 2 Athletic Trainer Secondary School Incentive Program.","sectionRange":"§34-40-31 to §34-40-35","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33550,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32815,"codeId":58594,"versionId":50579,"parentId":58593,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-31","shortTitle":"Section 34-40-31","catchLine":"Definitions.","title":"Section 34-40-31 Definitions.","sectionRange":null,"content":"For the purposes of this article, the following terms have the following meanings:
(1) ATHLETIC TRAINER. The same meaning as the term “athletic training practice,” as defined by Section 34-40-2. This term includes after school sporting event coverage.
(2) ATHLETIC TRAINING SERVICES. Services provided by an athletic trainer within the scope of athletic training practice, as defined by Section 34-40-2. This term includes coverage provided to an after school sporting event.
(3) BOARD. The Alabama Board of Athletic Trainers, as provided in this chapter.
(4) INCENTIVE PROGRAM. The Athletic Trainer Secondary School Incentive Program established by this article.
(5) RURAL SCHOOL. A school not located within a United States Census Bureau Alabama Urbanized Area of 50,000 or more individuals.
(6) SECONDARY SCHOOL. Any rural, 1A, 2A, 3A, or Title I schools providing education to students in sixth through twelfth grade. This term includes middle schools and high schools.
","history":"(Act 2023-341, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33551,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32816,"codeId":58595,"versionId":50580,"parentId":58593,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-32","shortTitle":"Section 34-40-32","catchLine":"Program Established; Award of Grants.","title":"Section 34-40-32 Program Established; Award of Grants.","sectionRange":null,"content":"(a) There is established the Athletic Trainer Secondary School Incentive Program. The program shall be administered by the board.
(b) The board shall award funds to local boards of education to incentivize the recruitment and retention of athletic trainers at rural secondary schools and Title I secondary schools in the state. The board shall allocate grant awards to the applicable local board of education for each successful application that meets the requirements of this article. Each grant shall be no more than seven thousand five hundred dollars ($7,500), as determined by the board based on the application.
(c) The incentive program shall be capped at two million dollars ($2,000,000) per school year.
(d) Grants may be awarded annually beginning with the 2024-2025 school year, and each school year thereafter.
(e) The grants provided by this article shall be contingent on the availability of funds. The Legislature may appropriate funds to the board for the incentive program, and the board may accept funds from nongovernmental entities to be used for the incentive program. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act. Funds not expended in any fiscal year shall not revert but shall remain with the board for use in implementing the incentive program.
","history":"(Act 2023-341, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33552,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32817,"codeId":58596,"versionId":50581,"parentId":58593,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-33","shortTitle":"Section 34-40-33","catchLine":"Grant Applications; List of Eligible Schools.","title":"Section 34-40-33 Grant Applications; List of Eligible Schools.","sectionRange":null,"content":"(a) A local board of education may apply for a grant from the incentive program if, during the academic school year, an athletic trainer provided an average of at least 25 hours of athletic training services per week to a rural secondary school or Title I secondary school under the purview of the local board of education. Any athletic training services provided by an athletic trainer may be counted towards the required hours, provided that the athletic trainer provides the athletic training services in one of the following manners:
(1) As an employee of the local board of education.
(2) As an employee of a health care facility.
(3) As a participant in a third-party sports medicine program.
(b)(1) The board shall compile a list of schools eligible for grants from the incentive program and publish the list on its website. The list shall be compiled in the following manner:
a. For rural secondary schools, by considering census data to determine which secondary schools are not located in urbanized areas of 50,000 or more individuals.
b. For Title I secondary schools, by considering federal law.
(2) Local boards of education meeting the application criteria may apply for the incentive program following the end of the academic school year, during a time period to be determined by the board.
","history":"(Act 2023-341, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33553,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32818,"codeId":58597,"versionId":50582,"parentId":58593,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-34","shortTitle":"Section 34-40-34","catchLine":"Application Form; Administration; Disciplinary Action.","title":"Section 34-40-34 Application Form; Administration; Disciplinary Action.","sectionRange":null,"content":"(a) The board shall develop an application form and adopt procedures for the administration of the incentive program application, including for the development of application criteria and a timeline for application review and grant disbursement.
(b)(1) The local superintendent of education shall provide an attestation that all requirements for the incentive program have been satisfied, and each athletic trainer seeking to benefit from the incentive program shall provide an attestation that he or she has provided at least 25 hours of athletic training services to a rural secondary school or Title I secondary school under the local board of education’s purview.
(2) The board may take disciplinary action against an athletic trainer who falsifies the amount of athletic training services he or she provided.
","history":"(Act 2023-341, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33554,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32819,"codeId":58598,"versionId":50583,"parentId":58593,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-40-35","shortTitle":"Section 34-40-35","catchLine":"Distribution of Grants.","title":"Section 34-40-35 Distribution of Grants.","sectionRange":null,"content":"(a) Upon the receipt of a grant from the incentive program, the local board of education shall distribute the grant funds as a stipend to the qualifying athletic trainer.
(1) If multiple athletic trainers provided an average of at least 25 hours of athletic training services per week to a secondary school during the academic school year, the local board of education shall evenly divide the funds from the incentive program among the athletic trainers.
(2) An athletic trainer may only receive one stipend from the incentive program per school year. Once an athletic trainer is awarded a stipend pursuant to this article, he or she shall not be eligible for another incentive program stipend until the next school year, even if he or she provided athletic training services to multiple schools.
(b) The local board of education is limited to one successful grant application per secondary school each school year.
","history":"(Act 2023-341, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33555,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32820,"codeId":28474,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"41","shortTitle":"Chapter 41","catchLine":"Geologists.","title":"Chapter 41 Geologists.","sectionRange":"§34-41-1 to §34-41-24","content":null,"history":null,"numChildren":24,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33571,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32821,"codeId":28475,"versionId":22111,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-1","shortTitle":"Section 34-41-1","catchLine":"Short Title.","title":"Section 34-41-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the “Alabama Professional Geologists Licensing Act.”
","history":"(Acts 1995, No. 95-399, p. 820, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33572,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32822,"codeId":28476,"versionId":22112,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-2","shortTitle":"Section 34-41-2","catchLine":"Purposes of Chapter.","title":"Section 34-41-2 Purposes of Chapter.","sectionRange":null,"content":"(a) The Alabama Professional Geologists Licensing Act is enacted for the following purposes:
(1) To protect life, property, health, safety, public welfare, and the environment through the regulation of the practice of geology in the State of Alabama.
(2) To define the practice of geology as a profession and to establish minimum professional standards for ethical conduct, professional responsibility, education, and experience.
(3) To prevent abuses of the practice of geology by untrained or unprincipled persons.
(b) The intent of this chapter is to ensure that only those persons who are registered and licensed pursuant to this chapter, unless they are exempted from licensing, shall publicly practice, offer, or attempt to publicly practice geology or any specialty thereof, claim any specialty in geology as a professional, business, or commercial identification, title, name, representation, or claim, or otherwise hold themselves out to the public as being qualified to practice geology or any of its specialties. Only those persons licensed pursuant to this chapter may use the term “licensed professional geologist.”
","history":"(Acts 1995, No. 95-399, p. 820, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33573,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32823,"codeId":28477,"versionId":22113,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-3","shortTitle":"Section 34-41-3","catchLine":"Definitions.","title":"Section 34-41-3 Definitions.","sectionRange":null,"content":"When used in this chapter, the following words have the following meanings:
(1) BOARD. The Alabama Board of Licensure for Professional Geologists.
(2) GEOLOGIST. A person who holds a degree in the geological sciences from an accredited college or university.
(3) GEOLOGIST-IN-TRAINING. A person who holds a degree in the geological sciences from an accredited college or university and who has successfully passed the part of the professional examination covering fundamental or academic geological subjects.
(4) GEOLOGY. The science dealing with the earth and its history; its constituent rocks, minerals, liquids, gases, and other materials of which it is composed, and the study of the processes responsible for the development and change in the component parts of the earth, for the benefit of mankind.
(5) GOOD MORAL CHARACTER. Character that tends to ensure the faithful discharge of the professional duties of the licensed professional geologist based on truth and adherence to ethical principles.
(6) LICENSE. A certificate issued by the board recognizing the individual named in this certificate as meeting the requirements for licensing under this chapter.
(7) LICENSED PROFESSIONAL GEOLOGIST. A person who holds a license as a professional geologist under this chapter.
(8) PUBLIC PRACTICE OF GEOLOGY. The performance of geological service or work, including, but not limited to, consultation, geological investigation, surveys, evaluations, planning, mapping, or review of geological work related to the public practice of geology, or both, in which the performance is related to the public welfare or safeguarding of life, health, property, and the environment except as otherwise specifically provided by this chapter. A person publicly practices or offers to publicly practice geology if the person does any of the following:
a. Offers to or provides geological work or services to the public in any branch of the profession of geology.
b. Represents himself or herself to be a licensed professional geologist by verbal claim, sign, advertisement, letterhead, card, or in another way.
c. Implies that he or she is a licensed professional geologist or that he or she is registered under this chapter through the use of some other title.
d. Holds himself or herself out as one who performs or is able to perform any geological services or work recognized by the board as the public practice of geology.
This definition shall not be construed to regulate or interfere with the legitimate practice of any licensed professional, other than geologists.
(9) RESPONSIBLE CHARGE OF WORK. The independent control and direction by the use of initiative, skill, and independent judgment of geological work or the supervision of such work.
(10) SPECIALTY. A branch of geology which is recognized as a subdiscipline for purposes of certification after registration as a licensed professional geologist.
(11) SUBORDINATE. A person who assists a licensed professional geologist in the public practice of geology without assuming the responsible charge of work and who is under the direction and supervision of a licensed professional geologist.
(12) UNPROFESSIONAL CONDUCT. The practice of geology by a licensed professional geologist who willfully performs any act, causes omissions, or makes any assertions or representations which are fraudulent, deceitful, or misleading, or which in any manner whatsoever discredits or tends to discredit the profession of geology.
","history":"(Acts 1995, No. 95-399, p. 820, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33574,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32825,"codeId":28479,"versionId":22114,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-5","shortTitle":"Section 34-41-5","catchLine":"Powers of Board.","title":"Section 34-41-5 Powers of Board.","sectionRange":null,"content":"(a) The board shall elect from its membership a chair, a vice chair, and a secretary-treasurer. The board shall adopt rules to govern its proceedings. A majority of the appointed membership of the board shall constitute a quorum for all meetings.
(b) The board shall, by regulation, adopt an administrative code and a code of professional conduct, which shall be published by the board and distributed to every applicant for licensing and to every licensee under this chapter. The publication shall constitute due notice to all applicants and licensees. The board shall solicit comments from the profession at large concerning these codes and may revise and amend the codes.
(c) The board shall have the authority to prepare, administer, and grade oral or written examinations, or both, as required or permitted by this chapter to test an applicant’s academic preparation and ability to apply such training to the public practice of geology. The board may take any actions necessary to prepare, administer, and grade the examinations, to determine whether the qualifications of an applicant for licensing meet the minimum standards set forth in this chapter, and to issue a license to each successful applicant. The board shall have the authority to adopt or recognize, in part or in whole, examinations prepared, administered, or graded by other organizations, on a regional or national basis, which the board determines are appropriate to measure the qualifications of an applicant for licensing as a professional geologist or in any specialty of geology. The examination questions, correct answers, and any individual applicant’s completed examination shall be available to the board. The board shall retain the authority to determine a passing grade for purposes of registration as a professional geologist in this state.
(d) The board shall consider all applications for licensing as a professional geologist or certification in any specialty thereof recognized by the board pursuant to this chapter and issue licenses as provided in this chapter. The board shall adopt a seal which shall be affixed to all licenses issued by the board.
(e) The board may authorize necessary expenditures to implement this chapter from the fees which it collects. The expenditures shall not exceed the revenues of the board during any fiscal year.
(f) The board shall meet within 30 days after a quorum of its first members is appointed, and thereafter shall hold at least three regular meetings each year. The board may provide for additional special meetings including hearings, extra working days for applications review, and examination proctoring. Minutes of each meeting of the board, recording the members present and the business taken, shall be signed and kept by the secretary-treasurer or an assistant secretary appointed by the board.
(g) The board shall establish and receive reasonable and necessary fees to be charged the applicants and registrants to support the administration and enforcement of this chapter. The secretary-treasurer shall prepare, certify, and file an annual report of all the receipts, expenditures, and fund balances with the state Comptroller.
(h) The board shall approve licensing through comity for any individual already licensed as a professional geologist or the equivalent in any other state, territory, or possession of the United States, or the District of Columbia, if the license is current and, in the opinion of the board, the license was issued in compliance with licensing requirements that are substantially the same as, or more stringent than, those established pursuant to this chapter. The board may require additional proof of experience, if desired.
(i) The board shall renew and reissue certificates as provided in this chapter. As a condition of reissuance or renewal, the board shall have the authority to require, in general or in individual cases, evidence of continued competence in the practice of geology through means such as, but not limited to, the review of qualifications, experiences, and requirements for continuing professional education.
(j) Each present and former member of the board, its agents, employees, and members of committees appointed by the board to assist the board in carrying out its duties and responsibilities, shall be exempt from civil liability for any act or omission occurring while acting in an official capacity. The Attorney General or his or her appointed designee shall, without assessing charges to the board for legal services, defend the board and each present and former member of the board, its agents, employees, and members of committees appointed by the board in any action arising from any act or omission. The Attorney General or his or her appointed designee shall act as legal advisor to the board.
(k) The board may investigate all reasonably documented complaints of violations of this chapter and of unprofessional conduct by licensed and nonlicensed geologists. The board shall have the authority to refuse issuance or renewal of a license or to suspend or revoke a license. The board may impose sanctions including restrictions on the practice of any registrant or of a person, firm, or corporation practicing under the limitations of this chapter, for violations of this chapter or the rules and regulations promulgated hereunder.
(l) The board shall have the power to administer oaths and affirmations and to issue subpoenas to compel the attendance of witnesses and the production of evidence, and shall have the authority to issue cease and desist orders and to seek injunctions against violations of this chapter or the rules and regulations promulgated hereunder, as provided herein.
(m) The board shall, within one year of its appointment, establish between it and the Alabama State Board of Professional Engineers and Land Surveyors, a memorandum of understanding, containing guidelines for resolving jurisdictional concerns that may arise between registered engineers and registered geologists.
(n) The board shall have all other powers and authority consistent with this section, not enumerated herein, as are necessary for the administration and enforcement of this chapter.
","history":"(Acts 1995, No. 95-399, p. 820, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33576,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32826,"codeId":28480,"versionId":22115,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-6","shortTitle":"Section 34-41-6","catchLine":"Establishment of Revenue Trust Fund.","title":"Section 34-41-6 Establishment of Revenue Trust Fund.","sectionRange":null,"content":"There is established a separate revenue trust fund in the State Treasury to be known as the “Alabama Board of Licensure for Professional Geologists Fund.” All receipts and disciplinary fines collected by the board under this chapter shall be deposited in this fund and used only to implement this chapter. Monies shall be disbursed by warrant of the state Comptroller upon the State Treasury, upon itemized vouchers approved by the chair of the board or an authorized designee. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bill or other appropriation bills.
","history":"(Acts 1995, No. 95-399, p. 820, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33577,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32827,"codeId":28481,"versionId":22116,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-7","shortTitle":"Section 34-41-7","catchLine":"Applicability; Exemptions.","title":"Section 34-41-7 Applicability; Exemptions.","sectionRange":null,"content":"(a) Except as provided in this section, any person who publicly practices, or offers or attempts to publicly practice, geology in the State of Alabama is subject to this chapter.
(b) The following persons are exempt from licensing under this chapter:
(1) Persons engaged solely in teaching of geology or related physical or natural sciences, and persons engaged solely in geologic research conducted through academic institutions, agencies, or government and nonprofit research organizations.
(2) Officers and employees of the United States of America and the State of Alabama practicing solely as officers and employees.
(3) Officers and employees of businesses and industries practicing solely as officers and employees, and individuals if they do not offer their professional services to the public for hire and are not engaged in activities that require the signature of a licensed professional geologist.
(4) Officers and employees of companies and corporations practicing solely as such officers and employees who work as a sole proprietorship in mining and mineral exploration and development and who do not offer their professional services to the public for hire or who are not engaged in activities that require the signature of a licensed professional geologist.
(5) Officers and employees of companies and corporations and individuals who work as a sole proprietorship in oil and/or gas exploration and development.
(6) A person who is subordinate to a licensed professional geologist or who is a geologist-in-training licensed under this chapter but only insofar as he or she acts solely in that capacity. This exemption does not permit the subordinate to practice geology or use the term “licensed professional geologist.”
","history":"(Acts 1995, No. 95-399, p. 820, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33578,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32828,"codeId":28482,"versionId":22117,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-8","shortTitle":"Section 34-41-8","catchLine":"Acts Not Prohibited.","title":"Section 34-41-8 Acts Not Prohibited.","sectionRange":null,"content":"(a) This chapter does not prohibit one or more geologists from practicing through the business organizations of a sole proprietorship, partnership, corporation, or professional association. In a partnership, corporation, or professional association, in which the primary activity consists of geological services affecting the public welfare and which require licensing pursuant to this chapter, at least one partner or officer shall be a licensed geologist.
(b) This chapter shall not be construed to prevent or to affect:
(1) The practice of any profession or trade for which a license is required under any other law of this state, including, but not limited to, the practice of registered professional engineers from lawfully practicing soil mechanics, foundations engineering, and other professional engineering, licensed architects or landscape architects from lawfully practicing architecture or landscape architecture, licensed land surveyors from lawfully practicing surveying, or the practice of soil science by certified professionals.
(2) The public practice of geology by a person who is not a resident of this state and who has no established place of business in this state, when that practice does not exceed in the aggregate more than 90 days in any calendar year, provided the person is duly licensed to practice the profession in another state where the requirements for a license are not less than those specified in this chapter for obtaining the license required for the work. Within 10 days of entering this state for commencing of the work, a nonresident claiming an exemption under this subdivision shall file a statement with the board which includes his or her name, residence, and license number, and by what authority the license was issued. Upon the completion of the work, the person shall file a statement of the time engaged in the work within the state.
","history":"(Acts 1995, No. 95-399, p. 820, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33579,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32829,"codeId":28483,"versionId":22118,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-9","shortTitle":"Section 34-41-9","catchLine":"Application.","title":"Section 34-41-9 Application.","sectionRange":null,"content":"An application for licensing as a professional geologist or a geologist-in-training shall be made under oath and shall show: (1) the education of the applicant; (2) a detailed summary of his or her actual geological work experience; (3) a signed statement that the applicant has read and shall adhere to the code of professional conduct adopted by the board; and (4) not less than five references, three or more of whom shall be geologists having personal knowledge of the geologic experience of the applicant. The board shall determine a reasonable application fee which shall accompany each application.
","history":"(Acts 1995, No. 95-399, p. 820, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33580,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32830,"codeId":28484,"versionId":30357,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-10","shortTitle":"Section 34-41-10","catchLine":"Minimum Requirements to Be Eligible for License.","title":"Section 34-41-10 Minimum Requirements to Be Eligible for License.","sectionRange":null,"content":"(a) An applicant is eligible for a license as a professional geologist in the State of Alabama if the applicant meets the following minimum requirements:
(1) Is of good moral character.
(2) Has graduated from an accredited college or university with a degree in geology, engineering geology, or one of the related geological sciences if the applicant has completed a minimum of 30 semester hours or their equivalent of course work in geological science. The appropriate college or university shall document educational experience by submitting a certified written reference or certified transcript directly to the board.
(3) Has at least five years of full-time professional geological work after receipt of a bachelor’s degree, either as a geologist-in-training or in geologic work related to the public practice of geology which is satisfactory to the board. The following criteria of education and experience qualify toward accumulation of the required years of professional work:
a. The board, at its discretion, may give a maximum of one year’s credit for each graduate degree in geology, engineering geology, or one of the related geological sciences.
b. The board may consider work in related fields as acceptable work experience.
c. In all cases, the board shall determine if the applicant has demonstrated his or her ability by having gained experience by performing work in a responsible position. The adequacy of the required supervision and experience shall be documented to the board as described hereinbelow.
d. Professional geologic research of applicants either teaching at the college or university level or in research agencies of state or federal government shall be credited and applied toward the professional requirements herein, provided the work or research in the geological sciences can be documented in writing and is demonstrated to be of a sufficiently responsible nature to be equivalent to the professional requirements as set forth above.
e. The professional geologic work experience of the applicant shall be documented in writing. Except as otherwise provided in this subdivision, work experience obtained before receipt of a bachelor’s degree shall not be accepted as credit toward professional geologic work experience.
(4) Passes an examination which is designed to demonstrate that the applicant has the necessary knowledge and requisite skill to exercise the responsibilities of the public practice of geology.
(5) Is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(b) The board shall waive the requirements of subdivision (4) of subsection (a) if the applicant meets all other requirements of this chapter and makes written application to the board not later than one year after the initial board requests applications.
","history":"(Acts 1995, No. 95-399, p. 820, §10; Act 2009-39, p. 137, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33581,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32831,"codeId":28485,"versionId":22119,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-11","shortTitle":"Section 34-41-11","catchLine":"Examinations.","title":"Section 34-41-11 Examinations.","sectionRange":null,"content":"Annual examinations shall be formulated and conducted by the board at a time and place the board shall determine. The board shall by regulation establish the fee required for examination.
","history":"(Acts 1995, No. 95-399, p. 820, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33582,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32832,"codeId":28486,"versionId":22120,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-12","shortTitle":"Section 34-41-12","catchLine":"Issuance of License.","title":"Section 34-41-12 Issuance of License.","sectionRange":null,"content":"(a) Upon payment of a license fee the board shall issue a biennial license to any applicant who has satisfactorily met all the requirements of this chapter. Licenses shall show the full name of the licensee, give a serial number, and shall be signed by both the chair and secretary-treasurer of the board under the seal of the board. The issuance of a license by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a licensed professional geologist while the license remains in full force and effect.
(b) Each license expires on a biennial basis or at another interval determined by the board unless the license is renewed. An application for renewal shall be filed with the board and shall be accompanied by the renewal fee prescribed by the board. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee, provided the renewal applicant meets all other provisions established by the board.
(c) An applicant for renewal of a license shall have satisfactorily maintained continuing education requirements as specified by the board.
(d) A new license to replace any license lost, destroyed, or mutilated may be issued subject to the rules of the board and payment of a fee established by the board.
","history":"(Acts 1995, No. 95-399, p. 820, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33583,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32833,"codeId":28487,"versionId":22121,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-13","shortTitle":"Section 34-41-13","catchLine":"Certification in Specialty.","title":"Section 34-41-13 Certification in Specialty.","sectionRange":null,"content":"If, in the opinion of the board, there is a need, in addition to licensing as a professional geologist, for more definitive recognition of geologic expertise, qualified persons may also be eligible for certification in a specialty. Specialties may be created by the board after notice to all Alabama licensed professional geologists of a hearing to explain the proposed specialty or specialties and after approval of the proposed specialty or specialties by a majority of all Alabama licensed professional geologists. Specialties shall be created by regulations which shall contain any required additional qualifications or limitations. Only licensed professional geologists shall be eligible for certification in a specialty. Applications may be submitted for both licensing and certification in a specialty at the same time, but the applicant shall be approved for licensing as a professional geologist before being considered for certification in a specialty. The certification in a specialty is dependent, in every case, upon the approval of licensing as a professional geologist.
","history":"(Acts 1995, No. 95-399, p. 820, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33584,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32834,"codeId":28488,"versionId":22122,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-14","shortTitle":"Section 34-41-14","catchLine":"Seal.","title":"Section 34-41-14 Seal.","sectionRange":null,"content":"(a) Each geologist, upon the issuance of a license, shall obtain from the secretary-treasurer of the board or his or her designee, at a cost prescribed by the board, a seal of the design authorized by the board bearing the name of the licensee and the legend “Licensed Professional Geologist - State of Alabama” together with the serial number of the licensee. A licensed professional geologist shall approve, sign, and affix his or her seal to all drawings, reports, or other geologic papers, or documents involving the public practice of geology which have been prepared by the licensed professional geologist or a subordinate employee under the direction of the licensed professional geologist for the use of, or for delivery to, any person or for public record within the State of Alabama.
(b) A qualified nonresident geologist practicing geology in the State of Alabama under temporary approval of the board shall sign and impress with his or her authorized licensed seal all drawings, reports, or other geologic papers, or documents involving the public practice of geology which have been prepared by a licensed geologist or a subordinate employee under his or her direction for the use of, or for delivery to, any person or for public record within the State of Alabama.
","history":"(Acts 1995, No. 95-399, p. 820, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33585,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32835,"codeId":28489,"versionId":22123,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-15","shortTitle":"Section 34-41-15","catchLine":"Register of Applications.","title":"Section 34-41-15 Register of Applications.","sectionRange":null,"content":"(a) The board shall keep a register of all applications for licensing. The register shall include:
(1) The name, age, and address of each applicant.
(2) The date of the application.
(3) The place of business of the applicant.
(4) The education of the applicant and other pertinent qualifications.
(5) Whether an examination was required.
(6) Whether the applicant was licensed in another state.
(7) Whether the license was granted.
(8) The dates of the actions by the board.
(9) Any other information deemed necessary by the board.
(b) All official records of the board or affidavits by the secretary-treasurer of the board as to the content of such records shall be prima facie evidence of all matters required to be kept therein.
(c) The board shall treat as confidential and not subject to disclosure, except to the extent required by law or by rule or regulation of the board, individual test scores and applications and material relating thereto, including letters of reference relating to an application.
","history":"(Acts 1995, No. 95-399, p. 820, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33586,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32836,"codeId":28490,"versionId":22124,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-16","shortTitle":"Section 34-41-16","catchLine":"Roster.","title":"Section 34-41-16 Roster.","sectionRange":null,"content":"The secretary-treasurer of the board shall publish biennially a roster showing the names, license numbers, places of business, and business and residence addresses of all professional geologists licensed in Alabama. Copies of this roster shall be made available to the public upon request and payment of a reasonable fee.
","history":"(Acts 1995, No. 95-399, p. 820, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33587,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32837,"codeId":28491,"versionId":22125,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-17","shortTitle":"Section 34-41-17","catchLine":"Written Charges Against Licensed Geologist.","title":"Section 34-41-17 Written Charges Against Licensed Geologist.","sectionRange":null,"content":"Any person may file written charges against any licensed professional geologist pursuant to rules and regulations adopted by the board. Charges or allegations shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the secretary-treasurer of the board. The board shall investigate all valid complaints.
","history":"(Acts 1995, No. 95-399, p. 820, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33588,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32838,"codeId":28492,"versionId":22126,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-18","shortTitle":"Section 34-41-18","catchLine":"Illegal Acts.","title":"Section 34-41-18 Illegal Acts.","sectionRange":null,"content":"(a) It is unlawful for any person except a licensed professional geologist or a subordinate under his or her direction, as defined in Section 34-41-7(b)(6); a geologist explicitly exempt from licensing pursuant to Section 34-41-7; and those persons explicitly exempt under Section 34-41-8(b)(1) to prepare any geologic plans, reports, or documents which relate to the public welfare or safeguarding of life, health, property, or the environment.
(b) It is unlawful for any person to publicly practice, offer or attempt to publicly practice geology, use in connection with his or her name or otherwise assume, or advertise any title or description tending to convey the impression that he or she is a licensed professional geologist, unless that person has been duly licensed.
(c) One year after the initial board calls for applications, it shall be unlawful for anyone other than a professional geologist licensed under this chapter to stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a licensed professional geologist, use in any manner the seal or stamp of a licensed professional geologist, or use in any manner the title “licensed professional geologist” unless that person is licensed hereunder or temporarily approved for geologic work as specified under Section 34-41-14.
(d) It is unlawful for any person to affix his or her signature to or to stamp or seal any plans, plats, reports, or other documents as defined by the rules of the board after the license of the person named thereon has expired or has been suspended or revoked.
","history":"(Acts 1995, No. 95-399, p. 820, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33589,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32839,"codeId":28493,"versionId":22127,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-19","shortTitle":"Section 34-41-19","catchLine":"Denial, Suspension, or Revocation of License.","title":"Section 34-41-19 Denial, Suspension, or Revocation of License.","sectionRange":null,"content":"The board may refuse to grant or renew, or may suspend or revoke the license of any person licensed under this chapter who:
(1) Has violated this chapter or any rule or regulation of the board.
(2) Has been convicted of a misdemeanor under this chapter.
(3) Has been found guilty of gross unprofessional conduct, dishonest practice, incompetence, including but not limited to obtaining a license under this chapter through fraud or deceit, and aiding or abetting another person in obtaining a license by fraud or deceit.
(4) Has been convicted of a criminal felony charge impinging on the moral and ethical character of the individual and the profession.
(5) Has suffered revocation, suspension, or denial of a certificate or license to practice geology for any reason in another state.
","history":"(Acts 1995, No. 95-399, p. 820, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33590,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32840,"codeId":28494,"versionId":22128,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-20","shortTitle":"Section 34-41-20","catchLine":"Procedures for Disciplinary Actions; Aggrieved Person May Petition Board for Hearing; Judicial Review.","title":"Section 34-41-20 Procedures for Disciplinary Actions; Aggrieved Person May Petition Board for Hearing; Judicial Review.","sectionRange":null,"content":"(a) The board shall develop procedures for investigation, prehearing, and hearing of disciplinary actions.
(b) Any person aggrieved by a decision of the board other than a decision in a disciplinary action may petition the board for a hearing.
(c) Judicial review of the final decision of the board is available in the manner prescribed by the Alabama Administrative Procedure Act.
","history":"(Acts 1995, No. 95-399, p. 820, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33591,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32841,"codeId":28495,"versionId":22129,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-21","shortTitle":"Section 34-41-21","catchLine":"Reissuance of License.","title":"Section 34-41-21 Reissuance of License.","sectionRange":null,"content":"The board may issue a license to any person whose license has been revoked, when the board finds upon written application by the applicant and a review of the facts that there is good cause to justify reissuance.
","history":"(Acts 1995, No. 95-399, p. 820, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33592,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32842,"codeId":28496,"versionId":22130,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-22","shortTitle":"Section 34-41-22","catchLine":"Actions Which Are Class B Misdemeanors.","title":"Section 34-41-22 Actions Which Are Class B Misdemeanors.","sectionRange":null,"content":"Any person who does any of the following is guilty of a Class B misdemeanor:
(1) Willfully publicly practices, or offers or attempts to publicly practice, geology for other natural or corporate persons in Alabama without being licensed in accordance with this chapter or hereby exempted.
(2) Presents or attempts to use as his or her own, the certificate of licensure or seal of another.
(3) Gives false or forged evidence of any kind in obtaining a license.
(4) Impersonates any other licensee.
(5) Attempts to use an expired or revoked license or practices at any time during which the board has suspended or revoked the license.
(6) Violates any provision of this chapter.
","history":"(Acts 1995, No. 95-399, p. 820, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33593,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32843,"codeId":28497,"versionId":22131,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-23","shortTitle":"Section 34-41-23","catchLine":"Injunction.","title":"Section 34-41-23 Injunction.","sectionRange":null,"content":"As an additional remedy, the board may proceed in a court of an appropriate jurisdiction to enjoin and restrain any person for violating this chapter. The board shall not be required to post bond in connection with obtaining provisional, preliminary, or permanent injunctive relief pursuant to law.
","history":"(Acts 1995, No. 95-399, p. 820, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33594,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32844,"codeId":28498,"versionId":22132,"parentId":28474,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-41-24","shortTitle":"Section 34-41-24","catchLine":"Sunset Law.","title":"Section 34-41-24 Sunset Law.","sectionRange":null,"content":"The Alabama Board of Licensure for Professional Geologists shall be subject to the provisions of the Alabama Sunset Law of 1981, and shall be classified as an enumerated agency pursuant to Section 41-20-3. The board shall dissolve on October 1, 1997, unless continued as therein provided and, if continued, the board shall be reviewed every four years thereafter.
","history":"(Acts 1995, No. 95-399, p. 820, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33595,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32845,"codeId":28499,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"43","shortTitle":"Chapter 43","catchLine":"Massage Therapists. (Repealed by Act 2024-361)","title":"Chapter 43 Massage Therapists. (Repealed by Act 2024-361)","sectionRange":"§34-43-1 to §34-43-21","content":null,"history":null,"numChildren":21,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33596,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32846,"codeId":28500,"versionId":22133,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-1","shortTitle":"Section 34-43-1","catchLine":"Short Title.","title":"Section 34-43-1 Short Title.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33597,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32847,"codeId":28501,"versionId":24271,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-2","shortTitle":"Section 34-43-2","catchLine":"Legislative Findings and Intent.","title":"Section 34-43-2 Legislative Findings and Intent.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §2; Act 2000-704, p. 1430, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33598,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32848,"codeId":28502,"versionId":47984,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-3","shortTitle":"Section 34-43-3","catchLine":"Definitions.","title":"Section 34-43-3 Definitions.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §3; Act 2000-704, p. 1430, §1; Act 2011-169, p. 324, §3; Act 2017-383, §3; Act 2022-408, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33599,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32849,"codeId":28503,"versionId":22134,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-4","shortTitle":"Section 34-43-4","catchLine":"Regulated Activities.","title":"Section 34-43-4 Regulated Activities.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33600,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32850,"codeId":28504,"versionId":30540,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-5","shortTitle":"Section 34-43-5","catchLine":"Exemptions.","title":"Section 34-43-5 Exemptions.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §5; Act 2000-704, p. 1430, §1; Act 2009-741, p. 2218, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33601,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32851,"codeId":28505,"versionId":49806,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-6","shortTitle":"Section 34-43-6","catchLine":"Alabama Board of Massage Therapy.","title":"Section 34-43-6 Alabama Board of Massage Therapy.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §6; Act 2000-704, p. 1430, §1; Act 2007-201, p. 242, §3; Act 2011-169, p. 324, §3; Act 2022-408, §1; Act 2023-490, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33602,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32852,"codeId":28506,"versionId":47986,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-7","shortTitle":"Section 34-43-7","catchLine":"Powers and Duties of Board.","title":"Section 34-43-7 Powers and Duties of Board.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §7; Act 2022-408, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33603,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32853,"codeId":28507,"versionId":47987,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-8","shortTitle":"Section 34-43-8","catchLine":"License Required; Sexually Oriented Businesses; Limitations on Advertising or Offers of Service.","title":"Section 34-43-8 License Required; Sexually Oriented Businesses; Limitations on Advertising or Offers of Service.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §8; Act 2022-408, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33604,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32854,"codeId":28508,"versionId":49807,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-9","shortTitle":"Section 34-43-9","catchLine":"Application for License; Licensure Requirements.","title":"Section 34-43-9 Application for License; Licensure Requirements.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §9; Act 2000-704, p. 1430, §1; Act 2001-1103, 4th Sp. Sess., p. 1166, §1; Act 2008-129, p. 185, §3; Act 2022-408, §1; Act 2023-490, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33605,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32855,"codeId":28509,"versionId":24272,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-10","shortTitle":"Section 34-43-10","catchLine":"Massage Therapist Examination.","title":"Section 34-43-10 Massage Therapist Examination.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-408 EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Acts 1996, No. 96-661, p. 1060, §10; Act 2000-704, p. 1430, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33606,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32856,"codeId":28510,"versionId":49809,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-11","shortTitle":"Section 34-43-11","catchLine":"Licensing of Establishments; Initial Inspection.","title":"Section 34-43-11 Licensing of Establishments; Initial Inspection.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §11; Act 2000-704, p. 1430, §1; Act 2022-408, §1; Act 2023-490, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33607,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32857,"codeId":28511,"versionId":47990,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-12","shortTitle":"Section 34-43-12","catchLine":"Application Forms; Issuance of License; Display of License.","title":"Section 34-43-12 Application Forms; Issuance of License; Display of License.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §12; Act 2018-506, §11; Act 2022-408, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33608,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32858,"codeId":28512,"versionId":42912,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-13","shortTitle":"Section 34-43-13","catchLine":"License Renewal; Reinstatement.","title":"Section 34-43-13 License Renewal; Reinstatement.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §13; Act 2000-704, p. 1430, §1; Act 2018-506, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33609,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32859,"codeId":28513,"versionId":49812,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-14","shortTitle":"Section 34-43-14","catchLine":"Alabama Board of Massage Therapy Fund.","title":"Section 34-43-14 Alabama Board of Massage Therapy Fund.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §14; Act 2018-506, §11; Act 2022-408, §1; Act 2023-490, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33610,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32860,"codeId":28514,"versionId":49814,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-15","shortTitle":"Section 34-43-15","catchLine":"Complaints; Grounds for Suspension, Revocation, Etc., of License; Penalties; Rulemaking Authority.","title":"Section 34-43-15 Complaints; Grounds for Suspension, Revocation, Etc., of License; Penalties; Rulemaking Authority.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §15; Act 2000-704, p. 1430, §1; Act 2018-506, §11; Act 2022-408, §1; Act 2023-490, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33611,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32861,"codeId":28515,"versionId":22137,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-16","shortTitle":"Section 34-43-16","catchLine":"Use of Words “Massage” or “Bodywork” or Other Advertising Descriptions by Non-licensed Persons.","title":"Section 34-43-16 Use of Words “Massage” or “Bodywork” or Other Advertising Descriptions by Non-licensed Persons.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33612,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32862,"codeId":28516,"versionId":22138,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-17","shortTitle":"Section 34-43-17","catchLine":"Criminal Penalties.","title":"Section 34-43-17 Criminal Penalties.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33613,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32863,"codeId":28517,"versionId":22139,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-18","shortTitle":"Section 34-43-18","catchLine":"Injunction; Civil Penalty.","title":"Section 34-43-18 Injunction; Civil Penalty.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33614,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32864,"codeId":28518,"versionId":22140,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-19","shortTitle":"Section 34-43-19","catchLine":"Construction with Other Regulations.","title":"Section 34-43-19 Construction with Other Regulations.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 360, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33615,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32865,"codeId":28519,"versionId":49817,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-20","shortTitle":"Section 34-43-20","catchLine":"Massage Therapy Schools; Instructors.","title":"Section 34-43-20 Massage Therapy Schools; Instructors.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 360, §20; Act 2022-408, §1; Act 2023-490, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33616,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32866,"codeId":28520,"versionId":49821,"parentId":28499,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43-21","shortTitle":"Section 34-43-21","catchLine":"Sunset Provision; Continuing Education.","title":"Section 34-43-21 Sunset Provision; Continuing Education.","sectionRange":null,"content":"REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
","history":"(Acts 1996, No. 96-661, p. 1060, §21; Act 2000-704, p. 1430, §1; Act 2004-76, p. 101, §3; Act 2022-408, §1; Act 2023-490, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33617,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32867,"codeId":58927,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"43A","shortTitle":"Chapter 43A","catchLine":"Alabama Massage Therapy Licensing Act.","title":"Chapter 43A Alabama Massage Therapy Licensing Act.","sectionRange":"§34-43A-1 to §34-43A-19","content":null,"history":null,"numChildren":19,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33618,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32868,"codeId":58928,"versionId":51148,"parentId":58927,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43A-1","shortTitle":"Section 34-43A-1","catchLine":"Short Title.","title":"Section 34-43A-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Alabama Massage Therapy Licensing Act.","history":"(Act 2024-361, §3)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33619,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32882,"codeId":58942,"versionId":51162,"parentId":58927,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43A-15","shortTitle":"Section 34-43A-15","catchLine":"Criminal Penalties.","title":"Section 34-43A-15 Criminal Penalties.","sectionRange":null,"content":"Any individual who violates this chapter shall be guilty of a Class C misdemeanor.","history":"(Act 2024-361, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33633,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32884,"codeId":58944,"versionId":51164,"parentId":58927,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-43A-17","shortTitle":"Section 34-43A-17","catchLine":"Construction with Other Regulations.","title":"Section 34-43A-17 Construction with Other Regulations.","sectionRange":null,"content":"(a) Except as otherwise provided in subsection (b), this chapter shall supersede any regulation adopted by a political subdivision of the state related to the licensing or regulation of massage therapists and massage therapy establishments.
(b) This section shall not affect:
(1) Local regulations relating to zoning requirements or occupational license taxes pertaining to massage therapists and massage therapy establishments.
(2) Local regulations that do not relate to the practice of massage therapy by qualified individuals.
(c) A county, or a municipality within its jurisdiction, may regulate individuals licensed pursuant to this chapter. Regulation shall be consistent with this chapter and shall not supersede this chapter. This section shall not be construed to prohibit a county or municipality from regulating individuals not licensed pursuant to this chapter.
","history":"(Act 2024-361, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33635,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32887,"codeId":35,"versionId":null,"parentId":null,"effectiveDate":null,"supersessionDate":null,"type":"Title","displayId":"35","shortTitle":"Title 35","catchLine":"Property.","title":"Title 35 Property.","sectionRange":null,"content":null,"history":null,"numChildren":28,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33638,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32888,"codeId":11192,"versionId":null,"parentId":35,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1","shortTitle":"Chapter 1","catchLine":"General Provisions.","title":"Chapter 1 General Provisions.","sectionRange":"§35-1-1 to §35-1-7","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33639,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32889,"codeId":11194,"versionId":8962,"parentId":11192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-1-1","shortTitle":"Section 35-1-1","catchLine":"Right of Aliens to Take, Hold, and Transmit Property.","title":"Section 35-1-1 Right of Aliens to Take, Hold, and Transmit Property.","sectionRange":null,"content":"An alien, resident or nonresident may take and hold property, real and personal, in this state, either by purchase, descent, or devise, and may dispose of and transmit the same by sale, descent, or devise as a native citizen.
","history":"(Code 1876, §2860; Code 1886, §1914; Code 1896, §419; Code 1907, §2831; Code 1923, §6071; Code 1940, T. 47, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33640,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32890,"codeId":58578,"versionId":50567,"parentId":11192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-1-1.1","shortTitle":"Section 35-1-1.1","catchLine":"Certain Governments or Governmental Entities Prohibited from Acquiring Certain Real Property in the State.","title":"Section 35-1-1.1 Certain Governments or Governmental Entities Prohibited from Acquiring Certain Real Property in the State.","sectionRange":null,"content":"(a) This section shall be known and may be cited as the Alabama Property Protection Act.
(b) For purposes of this section, the following words have the following meanings:
(1) AGRICULTURAL AND FOREST PROPERTY. All real property used for raising, harvesting, and selling crops or for the feeding, breeding, management, raising, sale of, or the production of livestock, or for the growing and sale of timber and forest products.
(2) CRITICAL INFRASTRUCTURE FACILITY. Any of the following:
a. A chemical manufacturing facility.
b. A refinery.
c. A plant or facility producing electric energy no matter how generated or produced.
d. A water treatment facility or wastewater treatment plant.
e. A liquid natural gas terminal.
f. A telecommunications central switching office.
g. A gas processing plant, including any plant used in the processing, treatment, or fractionation of natural gas.
h. A seaport facility as defined in Section 40-13-1.
i. Aerospace or spaceport infrastructure.
j. An airport as defined in Section 23-1-411.
(3) FOREIGN COUNTRY OF CONCERN. China, Iran, North Korea, and Russia. This term shall not include Taiwan.
(4) FOREIGN PRINCIPAL. Any of the following:
a. The government or any official of the government of a foreign country of concern.
b. A political party or member of a political party or any subdivision of a political party in a foreign country of concern.
c. A country or government identified on any sanctions list of the United State Department of the Treasury’s Office of Foreign Assets Control.
(5) MILITARY INSTALLATION. A base, camp, post, station, yard, or center that is under the jurisdiction of the Department of Defense or its affiliates, encompassing at least 10 contiguous acres.
(6) REAL PROPERTY. Land, buildings, fixtures, and all other improvements to land.
(c) Notwithstanding any other law, no foreign principal shall acquire title to, or acquire a controlling interest in, any of the following:
(1) Agricultural and forest property.
(2) Real property on or within 10 miles of any military installation or critical infrastructure facility.
(d) Subsection (c) shall apply only to the purchase of or other acquisition of title to real property on or after August 1, 2023. The purchase of or other acquisition of title to real property prior to August 1, 2023, is governed by the law in effect immediately prior to August 1, 2023, and that law is continued in effect for that purpose.
(e) No title insurer, title agent, real estate licensee, or other settlement provider as defined by the Real Estate Procedures Act, 12 U.S.C. § 2601 et seq., shall be liable for any violation of subsection (c).
","history":"(Act 2023-332, §§1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33641,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32891,"codeId":11197,"versionId":8965,"parentId":11192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-1-2","shortTitle":"Section 35-1-2","catchLine":"Inter Vivos Gift of Assets Void If Donor Left Without Means of Support.","title":"Section 35-1-2 Inter Vivos Gift of Assets Void If Donor Left Without Means of Support.","sectionRange":null,"content":"(a) All inter vivos gifts of assets, including but not limited to money, lands, or buildings, are void if the donor is left without means of support and does not reserve for himself for life an adequate amount separate from that gift to provide for his subsistence; provided, that this section shall not apply to any gift not expressly and specifically declared void hereunder by an administrative or judicial tribunal of competent jurisdiction within the two-year period immediately following the date of the gift.
(b) As used in this section, unless the context clearly requires a different meaning, “subsistence” means that amount of money or its equivalent necessary to provide one with the minimum necessities of life, such as food, clothing, shelter, and medical care.
","history":"(Acts 1977, No. 803, p. 1385.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33642,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32892,"codeId":11201,"versionId":8968,"parentId":11192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-1-3","shortTitle":"Section 35-1-3","catchLine":"Disposition of Unsolicited Goods Delivered by Mail or Common Carrier.","title":"Section 35-1-3 Disposition of Unsolicited Goods Delivered by Mail or Common Carrier.","sectionRange":null,"content":"Unless otherwise agreed, where unsolicited goods are delivered by mail or common carrier to a person, he has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. If such unsolicited goods are addressed to or intended for the recipient, they shall be deemed a gift to the recipient, who may use them or dispose of them in any manner without any obligation to the sender.
","history":"(Acts 1980, No. 80-802, p. 1635.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33643,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32893,"codeId":33347,"versionId":27704,"parentId":11192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-1-4","shortTitle":"Section 35-1-4","catchLine":"Right of Access to Cemetery on Privately Owned or Leased Property.","title":"Section 35-1-4 Right of Access to Cemetery on Privately Owned or Leased Property.","sectionRange":null,"content":"(a) Owners and lessees of private land on which a cemetery, graves, or burial sites are located shall have a duty to allow ingress and egress to the cemetery, graves, or burial sites by (1) family members, friends, or descendants of deceased persons buried there; (2) any cemetery plot owner; and (3) any person engaged in genealogical, historical, or cultural research, who has given reasonable notice to the owner of record or to the lessees, or both.
(b)(1) The right of ingress and egress granted by this section shall be reasonable and limited to the purposes of visiting graves or burial sites, maintaining the gravesite or burial site or cemetery, or conducting genealogical, historical, or cultural research, or, in the case of a plot owner, burying a deceased person in the plot.
(2) The owner or lessee of the land has the right to designate the frequency, hours, and duration of the access and the access route, if no traditional access route is obviously visible from a view of the property, provided that the designation is reasonable for the purposes set out above.
(c)(1) Any person entering onto private land pursuant to this section shall be responsible for conducting himself or herself in a manner that does not damage the private land, cemetery, gravesite, or burial site, and shall be liable to the owner or lessee of the property for any damage caused as the result of his or her access.
(2) The landowner and lessee, in the absence of gross negligence or willful misconduct, shall be immune from liability in any civil suit, action, or cause of action arising out of the access granted pursuant to this section.
","history":"(Act 2007-408, p. 836, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33644,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32894,"codeId":38217,"versionId":30875,"parentId":11192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-1-5","shortTitle":"Section 35-1-5","catchLine":"Display of United States Flag.","title":"Section 35-1-5 Display of United States Flag.","sectionRange":null,"content":"(a) Notwithstanding any covenant, contract, or restriction to the contrary, a person may exhibit or display on his or her property a current flag of the United States not to exceed 40 square feet in size.
(b) Any covenant, contract, or restriction that prohibits a person from flying the flag of the United States on his or her property in accordance with subsection (a), whether adopted before or after May 21, 2009, is void as a violation of public policy.
","history":"(Act 2009-646, p. 1986, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33645,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32895,"codeId":55133,"versionId":48176,"parentId":11192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-1-5.1","shortTitle":"Section 35-1-5.1","catchLine":"Display of State Flag on Certain Residential Property.","title":"Section 35-1-5.1 Display of State Flag on Certain Residential Property.","sectionRange":null,"content":"(a) As used in this section, the following terms shall have the following meanings:
(1) CONDOMINIUM ASSOCIATION. The entity responsible for the administration and management of condominium property.
(2) HOMEOWNER’S ASSOCIATION. As defined under Section 35-20-2.
(3) UNIT OWNERS’ ASSOCIATION. As defined under Section 35-8A-301.
(b) Except as provided in subsection (c), a condominium association, homeowner’s association, or unit owners’ association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the State of Alabama within the association on property in which the member has a separate ownership interest or a right to exclusive possession or use.
(c) Nothing in this section shall be considered to prevent any reasonable restriction on the time, place, or manner of displaying the flag of the State of Alabama necessary to protect a substantial interest of the condominium association, homeowner’s association, or unit owners’ association.
","history":"(Act 2022-228, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33646,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32896,"codeId":42895,"versionId":35108,"parentId":11192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-1-6","shortTitle":"Section 35-1-6","catchLine":"Limitation on Certain Environmental or Developmental Policies Affecting Property Rights.","title":"Section 35-1-6 Limitation on Certain Environmental or Developmental Policies Affecting Property Rights.","sectionRange":null,"content":"(a) As used in this section, “political subdivisions” means all state, county, incorporated city, unincorporated city, public local entity, public-private partnership, and any other public entity of the state, a county, or city.
(b) The State of Alabama and all political subdivisions may not adopt or implement policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to “Agenda 21,” adopted by the United Nations in 1992 at its Conference on Environment and Development or any other international law or ancillary plan of action that contravenes the Constitution of the United States or the Constitution of the State of Alabama.
(c) Since the United Nations has accredited and enlisted numerous non-governmental and inter-governmental organizations to assist in the implementation of its policies relative to Agenda 21 around the world, the State of Alabama and all political subdivisions may not enter into any agreement, expend any sum of money, or receive funds contracting services, or giving financial aid to or from those non-governmental and inter-governmental organizations as defined in Agenda 21.
","history":"(Act 2012-598, p. 1918, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33647,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32897,"codeId":58698,"versionId":50668,"parentId":11192,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-1-7","shortTitle":"Section 35-1-7","catchLine":"Centralized Mail Delivery Prohibited in Certain New Residential Neighborhoods; Requirements for Centralized Mail Delivery Devices.","title":"Section 35-1-7 Centralized Mail Delivery Prohibited in Certain New Residential Neighborhoods; Requirements for Centralized Mail Delivery Devices.","sectionRange":null,"content":"(a) Except as provided in this section, centralized mail delivery in new one and two-family dwelling neighborhoods, as well as townhouse neighborhoods, is prohibited.
(b) The following are not subject to the restrictions of this section:
(1) Any existing neighborhood that receives centralized delivery by any entity prior to January 1, 2023.
(2) Any condominium or apartment development.
(3) Any commercial property that does not contain one and two-family dwellings or townhouses.
(4)a. Any one or two-family dwelling neighborhood or any townhouse neighborhood in which the developer or the majority of the residents have elected to install centralized mail delivery; provided, however, delivery to residents within the neighborhood shall not be withheld prior to or in the absence of such an election.
b. Unless there exists an active homeowner’s association whereby members will vote pursuant to paragraph a., only one resident of each dwelling, acting on behalf of any other residents of the dwelling, may cast a vote in any election under this section.
(5) Any installation by the United States Postal Service.
(6) Any manufactured homes.
(c) Where installation is not prohibited under this section or any other law, centralized mail delivery devices, not exceeding 62 inches in height, may be located within any county, municipal right-of-way, or easement if doing so allows for the safe, convenient accessibility of the centralized mail delivery devices, provided that the local government approves the location of each installation within its right-of-way or easement.
(d) Other than the enforcement of zoning requirements in a historic district and except as provided under this section, no local government shall adopt any additional requirements by local ordinance or regulation pertaining to the establishment of centralized mail delivery or the installation of centralized mail delivery devices.
","history":"(Act 2023-484, §§ 2, 3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33648,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32898,"codeId":11208,"versionId":null,"parentId":35,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2","shortTitle":"Chapter 2","catchLine":"Surveys.","title":"Chapter 2 Surveys.","sectionRange":"§35-2-1 to §35-2-82","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33649,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32899,"codeId":11211,"versionId":null,"parentId":11208,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Alabama Coordinate System.","title":"Article 1 Alabama Coordinate System.","sectionRange":"§35-2-1 to §35-2-9","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33650,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32900,"codeId":11212,"versionId":8976,"parentId":11211,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-1","shortTitle":"Section 35-2-1","catchLine":"System Designated; State Divided into East and West Zones.","title":"Section 35-2-1 System Designated; State Divided into East and West Zones.","sectionRange":null,"content":"The system of plane coordinates which has been established by the United States coast and geodetic survey for defining and stating the positions or locations of points on the surface of the earth within the State of Alabama is hereafter to be known and designated as the “Alabama coordinate system.” For the purpose of the use of this system the state is divided into an “east zone” and a “west zone.” The area now included in the following counties shall constitute the east zone: Barbour, Bullock, Calhoun, Chambers, Cherokee, Clay, Cleburne, Coffee, Coosa, Covington, Crenshaw, Dale, DeKalb, Elmore, Etowah, Geneva, Henry, Houston, Jackson, Lee, Macon, Madison, Marshall, Montgomery, Pike, Randolph, Russell, Saint Clair, Talladega, and Tallapoosa. The area now included in the following counties shall constitute the west zone: Autauga, Baldwin, Bibb, Blount, Butler, Chilton, Choctaw, Clarke, Colbert, Conecuh, Cullman, Dallas, Escambia, Fayette, Franklin, Greene, Hale, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Lowndes, Marengo, Marion, Mobile, Monroe, Morgan, Perry, Pickens, Shelby, Sumter, Tuscaloosa, Walker, Washington, Wilcox, and Winston.
","history":"(Acts 1945, No. 477, p. 708, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33651,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32901,"codeId":11217,"versionId":8981,"parentId":11211,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-2","shortTitle":"Section 35-2-2","catchLine":"Designation of System in Land Description.","title":"Section 35-2-2 Designation of System in Land Description.","sectionRange":null,"content":"As established for use in the east zone, the Alabama coordinate system shall be named, and in any land description in which it is used it shall be designated, the “Alabama coordinate system, east zone.” As established for use in the west zone, the Alabama coordinate system shall be named, and in any land description in which it is used it shall be designated, the “Alabama coordinate system, west zone.”
","history":"(Acts 1945, No. 477, p. 708, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33652,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32902,"codeId":11222,"versionId":8986,"parentId":11211,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-3","shortTitle":"Section 35-2-3","catchLine":"Plane Coordinates Used in System.","title":"Section 35-2-3 Plane Coordinates Used in System.","sectionRange":null,"content":"The plane coordinates of a point on the earth’s surface, to be used in expressing the position or location of such point in the appropriate zone of this system, shall consist of two distances, expressed in feet and decimals of a foot. One of these distances, to be known as the “x-coordinate,” shall give the position in an east-and-west direction; the other, to be known as the “y-coordinate,” shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to the coordinates, on the Alabama coordinate system, of the triangulation and traverse stations of the United States coast and geodetic survey within the state of Alabama, as those coordinates have been determined by said survey.
","history":"(Acts 1945, No. 477, p. 708, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33653,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32903,"codeId":11225,"versionId":8989,"parentId":11211,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-4","shortTitle":"Section 35-2-4","catchLine":"Description When Tract of Land Lies in Both Zones.","title":"Section 35-2-4 Description When Tract of Land Lies in Both Zones.","sectionRange":null,"content":"When any tract of land to be defined by a single description extends from one into the other of the above coordinate zones, the positions of all points on its boundaries may be referred to either of the two zones, the zone which is used being specifically named in the description.
","history":"(Acts 1945, No. 477, p. 708, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33654,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32904,"codeId":11231,"versionId":8994,"parentId":11211,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-5","shortTitle":"Section 35-2-5","catchLine":"Definition of System by United States Coast and Geodetic Survey Adopted.","title":"Section 35-2-5 Definition of System by United States Coast and Geodetic Survey Adopted.","sectionRange":null,"content":"(a) For purposes of more precisely defining the Alabama coordinate system, the following definition by the United States coast and geodetic survey is adopted: The Alabama coordinate system, east zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 85 degrees 50′ west from Greenwich, on which meridian the scale is set one part in 25,000 too small. The origin of coordinates is at the intersection of the meridian 85 degrees 50′ west longitude and the parallel 30 degrees 30′ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet. The Alabama coordinate system, west zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 87 degrees 30′ west from Greenwich, on which meridian the scale is set one part in 15,000 too small. The origin of coordinates is at the intersection of the meridian 87 degrees 30′ west longitude and the parallel 30 degrees 00′ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.
(b) The position of the Alabama coordinate system shall be as marked on the ground by triangulation or traverse stations established in conformity with standards adopted by the United States coast and geodetic survey for first-order and second-order work, whose geodetic positions have been rigidly adjusted on the North American Datum of 1927, and whose coordinates have been computed on the system herein defined. Any such station may be used for establishing a survey connection with the Alabama coordinate system.
","history":"(Acts 1945, No. 477, p. 708 §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33655,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32905,"codeId":11233,"versionId":8997,"parentId":11211,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-6","shortTitle":"Section 35-2-6","catchLine":"Limitation on Recordation of Coordinates Defining Position of Point on Land Boundary; Descriptions of Monuments, Markers, Etc.","title":"Section 35-2-6 Limitation on Recordation of Coordinates Defining Position of Point on Land Boundary; Descriptions of Monuments, Markers, Etc.","sectionRange":null,"content":"No coordinates based on the Alabama coordinate system, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within one-half mile of a triangulation or traverse station established in conformity with the standards prescribed in Section 35-2-5; provided, that said one-half mile limitation may be modified by the Secretary of State to meet local conditions. The Secretary of State shall, from time to time, procure descriptions of monuments, bench marks and markers, etc., as same may become available, relative to the Alabama coordinate system, and shall keep a complete record of this information in the office of the Secretary of State. The Secretary of State shall make and furnish certified copies thereof to each of the probate judges of the several counties in Alabama. It shall be the duty of the probate judge of each county to file and keep a permanent record with proper indexes of such information which shall be available to the public.
","history":"(Acts 1945, No. 477, p. 708, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33656,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32906,"codeId":11237,"versionId":9001,"parentId":11211,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-7","shortTitle":"Section 35-2-7","catchLine":"Limitation on Use of Name of System.","title":"Section 35-2-7 Limitation on Use of Name of System.","sectionRange":null,"content":"The use of the term “Alabama coordinate system” on any map, report of survey, or other document shall be limited to coordinates based on the Alabama coordinate system as defined in this article.
","history":"(Acts 1945, No. 477, p. 708, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33657,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32907,"codeId":11241,"versionId":9004,"parentId":11211,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-8","shortTitle":"Section 35-2-8","catchLine":"Description by Reference to Subdivision, Line, or Corner of United States Public Land Surveys.","title":"Section 35-2-8 Description by Reference to Subdivision, Line, or Corner of United States Public Land Surveys.","sectionRange":null,"content":"Whenever coordinates based on the Alabama coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes filed of record; and, in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States public land surveys shall prevail over the description by coordinates.
","history":"(Acts 1945, No. 477, p. 708, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33658,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32908,"codeId":11246,"versionId":9008,"parentId":11211,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-9","shortTitle":"Section 35-2-9","catchLine":"Purchaser or Mortgagee Not Required to Rely Exclusively on Description Based on System.","title":"Section 35-2-9 Purchaser or Mortgagee Not Required to Rely Exclusively on Description Based on System.","sectionRange":null,"content":"Nothing contained in this article shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Alabama coordinate system.
","history":"(Acts 1945, No. 477, p. 708, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33659,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32909,"codeId":11255,"versionId":null,"parentId":11208,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Division of Land Surveys.","title":"Article 2 Division of Land Surveys.","sectionRange":"§35-2-20 to §35-2-38","content":null,"history":null,"numChildren":19,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33660,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32910,"codeId":11257,"versionId":9015,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-20","shortTitle":"Section 35-2-20","catchLine":"Creation and Purpose.","title":"Section 35-2-20 Creation and Purpose.","sectionRange":null,"content":"There is hereby created, in the state Department of Conservation and Natural Resources, a division of land surveys, for the purpose of establishing, maintaining, and preserving the land monuments, section corners, and other physical accessories of the United States public land survey within Alabama and the field notes and plats and other documents connected therewith.
","history":"(Acts 1971, No. 2249, p. 3608, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33661,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32911,"codeId":11261,"versionId":9018,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-21","shortTitle":"Section 35-2-21","catchLine":"Appointment and Qualifications of Chief of Division.","title":"Section 35-2-21 Appointment and Qualifications of Chief of Division.","sectionRange":null,"content":"The division of land surveys shall be headed by and be under the direction, supervision, and control of an officer who shall be designated “chief of the division of land surveys.” He shall be appointed by the Commissioner of Conservation and Natural Resources, with the approval of the Governor, with the additional requirement that he be a registered land surveyor within the state of Alabama with training and experience properly qualifying him for the performance of his official duties, and he shall be under and subject to the provisions of the state Merit System.
","history":"(Acts 1971, No. 2249, p. 3608, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33662,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32912,"codeId":11265,"versionId":9021,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-22","shortTitle":"Section 35-2-22","catchLine":"Oath and Salary of Chief of Division; No Other Lucrative Position to Be Held.","title":"Section 35-2-22 Oath and Salary of Chief of Division; No Other Lucrative Position to Be Held.","sectionRange":null,"content":"Before entering upon the discharge of his duties, the chief of the division of land surveys shall take the constitutional oath of office. His salary shall be fixed by the State Personnel Board as it may deem appropriate or as otherwise fixed by law. He shall devote his full time to his official duties and shall hold no other lucrative position while serving as said chief of the division of land surveys.
","history":"(Acts 1971, No. 2249, p. 3608, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33663,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32913,"codeId":11269,"versionId":9024,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-23","shortTitle":"Section 35-2-23","catchLine":"Functions and Duties of Chief of Division Generally.","title":"Section 35-2-23 Functions and Duties of Chief of Division Generally.","sectionRange":null,"content":"The chief of the division of land surveys shall carry out the routine functions and duties of the division, as prescribed herein. He shall recommend for employment, including their compensation, such assistants, and employees as are required for the performance of the work of the division, within the provisions of the Merit System Act and the limits of the funds appropriated. Subject to approval of the Commissioner of Conservation and Natural Resources and through authorized personnel, he shall actively conduct such land surveys or geodetic or leveling surveys as may be necessary to properly locate section corners and boundaries, geodetic or Alabama coordinate horizontal control points or stations or precise level net bench mark stations and other monuments necessary to a proper and accurate description in real estate conveyancing. He shall cause to be placed permanent markers for all corners, bench marks, stations, or boundaries. He shall perform such other work and acts as shall, in the judgment of the Commissioner of Conservation and Natural Resources, be necessary and proper to carry out the objectives of this article.
","history":"(Acts 1971, No. 2249, p. 3608, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33664,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32914,"codeId":11273,"versionId":9028,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-24","shortTitle":"Section 35-2-24","catchLine":"Functions, Duties, and Responsibilities of Commissioner of Conservation and Natural Resources Acting through Chief of Division.","title":"Section 35-2-24 Functions, Duties, and Responsibilities of Commissioner of Conservation and Natural Resources Acting through Chief of Division.","sectionRange":null,"content":"The Commissioner of Conservation and Natural Resources, acting by and through the chief of the division of land surveys, is hereby vested with the following functions, duties, and responsibilities:
(1) To restore, maintain and preserve the land survey monuments, section corners, and quarter section corners established by the United States public land survey within Alabama, together with all pertinent field notes, plats, and documents; and also to restore, establish, maintain, and preserve other boundary markers considered by the division to be of importance or otherwise established by law;
(2) To design and cause to be placed at established public land survey corner sites, where practical, substantial monuments permanently indicating, with words and figures, the exact location involved. If such monuments cannot be placed at the exact corner point, then witness corners of similar design shall be placed as near as possible, with words and figures indicating the bearing and distance to the true corner;
(3) To establish, maintain, and provide safe storage facilities for a comprehensive system of recordation of information respecting all monuments established by the United States public land survey within this state and such records as may be pertinent to the division’s establishment or maintenance of other land corners, Alabama coordinate system stations and accessories, and monuments in general;
(4) To extend throughout this state a triangulation and leveling net of precision whereby the Alabama state coordinate system, already initiated within this state by the United States coast and geodetic survey, may be made to cover to the necessary extent those areas of the state which do not now have enough geodetic control stations to permit the general use of the system by land surveyors and others;
(5) To collect and preserve information obtained from surveys made by those authorized to establish land monuments or land boundaries and to assist in the proper recording of the same by the duly constituted county officials, or otherwise;
(6) To furnish, upon reasonable request and tender of the required fees therefor, certified copies of records created or maintained by the division. When certified by the chief of the division of land surveys or a designated assistant, the records shall be admissible in evidence in any court in this state as the original record; and
(7) To prescribe and disseminate to those engaged in the business of land surveying, regulations designed to establish uniform professional surveying and mapping methods and standards in this state.
","history":"(Acts 1971, No. 2249, p. 3608, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33665,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32915,"codeId":11277,"versionId":9031,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-25","shortTitle":"Section 35-2-25","catchLine":"Advisory Board - Creation and Membership.","title":"Section 35-2-25 Advisory Board - Creation and Membership.","sectionRange":null,"content":"There is hereby created an advisory board to the division of land surveys, the membership of which shall consist of five members appointed by the Governor. One member shall be a landowner in the State of Alabama; two shall be registered land surveyors and members of the Alabama society of professional land surveyors within Alabama; one an Alabama professional engineer and registered land surveyor; and the fifth an Alabama citizen who is an attorney. All members except the landowner shall be appointed by the Governor from a list of three names for each position on the board submitted by the Alabama society of professional land surveyors.
","history":"(Acts 1971, No. 2249, p. 3608, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33666,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32916,"codeId":11281,"versionId":9035,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-26","shortTitle":"Section 35-2-26","catchLine":"Advisory Board - Terms of Members; Filling of Vacancies.","title":"Section 35-2-26 Advisory Board - Terms of Members; Filling of Vacancies.","sectionRange":null,"content":"Of the five members first appointed to the division of land surveys advisory board, one shall be appointed for a term of one year, one for two years, one for three years, and two for four years. At the expiration of the term of each member, the Governor shall appoint a successor, who shall hold office for a term of four years and until his successor has been appointed and qualified. Vacancies in the office of the members of the advisory board shall be filled by appointment by the Governor for the unexpired term in the manner provided in Section 35-2-25.
","history":"(Acts 1971, No. 2249, p. 3608, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33667,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32917,"codeId":11285,"versionId":9038,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-27","shortTitle":"Section 35-2-27","catchLine":"Advisory Board - Oath of Members; Reimbursement for Expenses.","title":"Section 35-2-27 Advisory Board - Oath of Members; Reimbursement for Expenses.","sectionRange":null,"content":"Members of the advisory board, upon induction into office, shall take the customary oath of office to support the Constitution of the United States, and that of Alabama, and to faithfully demean themselves in office. They shall serve without compensation, but each shall be reimbursed for travel and other expenses incurred in the performance of his duties in accordance with Article 2 of Chapter 7 of Title 36 of this Code.
","history":"(Acts 1971, No. 2249, p. 3608, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33668,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32918,"codeId":11289,"versionId":9041,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-28","shortTitle":"Section 35-2-28","catchLine":"Advisory Board - Chairman; Meetings.","title":"Section 35-2-28 Advisory Board - Chairman; Meetings.","sectionRange":null,"content":"Members of the advisory board shall choose one of its five members as chairman. The board shall meet at least four times a year, and the chairman shall determine the time and place for any special meeting. Regular meetings shall be held as agreed upon by members of the board.
","history":"(Acts 1971, No. 2249, p. 3608, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33669,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32919,"codeId":11292,"versionId":9044,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-29","shortTitle":"Section 35-2-29","catchLine":"Advisory Board - Duties.","title":"Section 35-2-29 Advisory Board - Duties.","sectionRange":null,"content":"The advisory board shall assist the Commissioner of Conservation and Natural Resources and the chief of the division of land surveys in formulating the policies of said division in the performance of its functions and duties and shall advise the Commissioner of Conservation and Natural Resources concerning any matter relating to the functions and duties of said division.
","history":"(Acts 1971, No. 2249, p. 3608, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33670,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32920,"codeId":11297,"versionId":9048,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-30","shortTitle":"Section 35-2-30","catchLine":"Acquisition of Land for Monuments and Office.","title":"Section 35-2-30 Acquisition of Land for Monuments and Office.","sectionRange":null,"content":"The Department of Conservation and Natural Resources, division of land surveys, may acquire in the name of the State of Alabama lands or interests therein, where necessary, to establish permanent monuments, and may lease or purchase or acquire by negotiation land, if necessary, for the establishment of an office of the division, which shall be at or near the capitol complex in the City of Montgomery.
","history":"(Acts 1971, No. 2249, p. 3608, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33671,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32921,"codeId":11301,"versionId":9050,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-31","shortTitle":"Section 35-2-31","catchLine":"Custody and Ownership of Original Survey Corners and Accessories; Penalty for Alteration or Destruction, Etc.","title":"Section 35-2-31 Custody and Ownership of Original Survey Corners and Accessories; Penalty for Alteration or Destruction, Etc.","sectionRange":null,"content":"The custody and ownership of the original United States public land survey corners and accessories has never been released or surrendered by the State of Alabama. These survey corners and their accessories are property of the State of Alabama. This includes all restorations and replacements of the original corners and all their accessories, witness trees, and objects as well. The alteration, removal, disfiguration, or destruction of any of the corners or accessories, without specific permission of the division of land surveys, is an act of destruction of state property and is punishable as a misdemeanor.
","history":"(Acts 1971, No. 2249, p. 3608, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33672,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32922,"codeId":11306,"versionId":9054,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-32","shortTitle":"Section 35-2-32","catchLine":"Right of Entry Upon Private Property; Liability for Damages; Immunity from Arrest for Trespass.","title":"Section 35-2-32 Right of Entry Upon Private Property; Liability for Damages; Immunity from Arrest for Trespass.","sectionRange":null,"content":"Members of the advisory board, the chief of the division of land surveys or any and all employees of the division shall have the right to enter upon private property for the purpose of making surveys or for searching for, locating, relocating, or remonumenting land monuments, leveling stations, or section corners. Should any of these persons necessarily damage property of the owner in making the surveys or searches or remonumentations, the division may make reasonable payment for the damage through the state Board of Adjustment. However, members of the advisory board or any employees of the division are personally liable for any damage caused by their wantonness, willfulness, or negligence. All members of the advisory board and all division employees are immune from arrest for trespass in performing their legal duties as stated in this article, by presenting cards issued by the division giving the persons or employees permission so to enter private property.
","history":"(Acts 1971, No. 2249, p. 3608, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33673,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32923,"codeId":11311,"versionId":9059,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-33","shortTitle":"Section 35-2-33","catchLine":"Furnishing Copies of Records; Admissibility of Division Records in Court Proceedings.","title":"Section 35-2-33 Furnishing Copies of Records; Admissibility of Division Records in Court Proceedings.","sectionRange":null,"content":"On request of the chief of the division of land surveys, all probate judges or other recorders of deeds, mortgages, or other instruments dealing with any interest in real property, together with all departments, boards, or agencies of state government, county or city government shall furnish to the division of land surveys certified copies of desired records which are in their custody. This service shall be free of cost when possible; otherwise it shall be at actual cost of reproduction of the records. On the same basis of cost, the division shall furnish records within its custody to other agencies or departments of state, county, or city, certifying them. Copies of records of the division, when so certified by the chief of the division, shall be admitted in evidence, without further identification, in any court proceeding in the state if the substance of the record is properly admissible in the proceeding.
","history":"(Acts 1971, No. 2249, p. 3608, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33674,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32924,"codeId":11316,"versionId":9064,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-34","shortTitle":"Section 35-2-34","catchLine":"Registration of Employees; Private Surveying or Consultation Not Permitted.","title":"Section 35-2-34 Registration of Employees; Private Surveying or Consultation Not Permitted.","sectionRange":null,"content":"Every employee of the division of land surveys who is engaged in work required by law to be done by a registered land surveyor will be so registered. No employee of the division shall engage in private land surveying or consultation while so employed by the division.
","history":"(Acts 1971, No. 2249, p. 3608, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33675,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32925,"codeId":11320,"versionId":9068,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-35","shortTitle":"Section 35-2-35","catchLine":"Production, Reproduction, or Sale of Maps, Plats, Etc.","title":"Section 35-2-35 Production, Reproduction, or Sale of Maps, Plats, Etc.","sectionRange":null,"content":"The division of land surveys may produce, reproduce, and sell maps, plats, reports, studies, and records and shall fix the charge therefor. All income received from the sales shall be promptly deposited in the State Treasury to the credit of the “Land Surveys Fund,” which is hereby established.
","history":"(Acts 1971, No. 2249, p. 3608, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33676,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32926,"codeId":11323,"versionId":9071,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-36","shortTitle":"Section 35-2-36","catchLine":"Contracts.","title":"Section 35-2-36 Contracts.","sectionRange":null,"content":"Whenever the division of land surveys deems it expedient and when funds appropriated permit, the division shall have the power to enter into contracts with agencies of the United States, with agencies of sister states or with private persons, registered land surveyors or professional engineers, in order to plan and execute other projects that are within the scope and purpose of this article.
","history":"(Acts 1971, No. 2249, p. 3608, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33677,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32927,"codeId":11328,"versionId":9075,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-37","shortTitle":"Section 35-2-37","catchLine":"Limitation on Amount of Warrants for Payment of Expenses and Compensation.","title":"Section 35-2-37 Limitation on Amount of Warrants for Payment of Expenses and Compensation.","sectionRange":null,"content":"Under no circumstances shall the total amount of warrants issued by the Comptroller in payment of the expense and compensation provided for in this article exceed the amount provided therefor by the Legislature in the general appropriation or other appropriation bills.
","history":"(Acts 1971, No. 2249, p. 3608, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33678,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32928,"codeId":11332,"versionId":9079,"parentId":11255,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-38","shortTitle":"Section 35-2-38","catchLine":"Extent of Surveys or Resurveys Authorized by Article.","title":"Section 35-2-38 Extent of Surveys or Resurveys Authorized by Article.","sectionRange":null,"content":"This article shall not be construed as to authorize or require the division of land surveys to survey or resurvey the entire State of Alabama. However, the division may perform such surveys as it may, from time to time, deem necessary to fulfill the purposes of this article.
","history":"(Acts 1971, No. 2249, p. 3608, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33679,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32929,"codeId":11346,"versionId":null,"parentId":11208,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Town Surveys, Plats, or Maps, Etc.","title":"Article 3 Town Surveys, Plats, or Maps, Etc.","sectionRange":"§35-2-50 to §35-2-62","content":null,"history":null,"numChildren":13,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33680,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32930,"codeId":11348,"versionId":9091,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-50","shortTitle":"Section 35-2-50","catchLine":"Survey Required; What Plat or Map Must Show.","title":"Section 35-2-50 Survey Required; What Plat or Map Must Show.","sectionRange":null,"content":"Any person, or his administrator, executor or guardian, desiring to subdivide his lands into lots shall cause the same to be surveyed by a competent surveyor, if not already surveyed, and shall cause a plat or map thereof to be made, showing the subdivisions into which it is proposed to divide the same, giving the length and bearings of the boundaries of each lot and its number; and, if it is the purpose of the owner to divide the lands into town lots, such plat or map shall show the streets, alleys, and public grounds and give the bearings, length, width, and name of each street, as well as the number of each lot and block. Such plat or map must show the relation of the lands so platted or mapped to the government survey.
","history":"(Code 1896, §3899; Code 1907, §6028; Code 1923, §10357; Code 1940, T. 56, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33681,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32931,"codeId":11352,"versionId":9096,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-51","shortTitle":"Section 35-2-51","catchLine":"Certification, Acknowledgment, and Recordation of Plat or Map; Copies as Evidence; Conveyance.","title":"Section 35-2-51 Certification, Acknowledgment, and Recordation of Plat or Map; Copies as Evidence; Conveyance.","sectionRange":null,"content":"(a) The plat or map having been completed shall be certified by the surveyor, which certificate must also be signed by the owner, his duly authorized agent or attorney, executor, administrator, or guardian and acknowledged by such owner, agent, or attorney, in the same manner in which deeds are required to be acknowledged. The plat or map, together with the certificate of the surveyor and acknowledgment, shall be recorded in the office of the judge of probate in the county in which the lands are situated, in a suitable book to be kept for that purpose; and such acknowledgment and record shall have like effect and certified copies thereof and of such plat or map may be used in evidence to the same extent and with like effect as in the case of deeds.
(b) The acknowledgment and recording of such plat or map shall be held to be a conveyance in fee simple of such portion of the premises platted as are marked or noted on such plat or map as donated or granted to the public, and the premises intended for any street, alleyway, common or other public use, as shown in such plat or map, shall be held in trust for the uses and purposes intended or set forth in such plat or map.
","history":"(Code 1896, §§3900, 3901; Code 1907, §§6029, 6030; Code 1923, §§10358, 10359; Code 1940, T. 56, §§13, 14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33682,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32932,"codeId":11357,"versionId":9101,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-52","shortTitle":"Section 35-2-52","catchLine":"Approval of Municipal Authorities Required.","title":"Section 35-2-52 Approval of Municipal Authorities Required.","sectionRange":null,"content":"It shall be the duty of every probate judge in this state to decline to receive for record in his office any map or plat upon which any lands lying within the corporate limits or police jurisdiction of any city of this state having a population of more than 10,000 inhabitants are platted or mapped as streets, alleys, or other public ways, unless such map or plat shall have noted thereon the approval of the governing body or city engineer of such city.
","history":"(Acts 1927, No. 208, p. 217; Code 1940, T. 56, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33683,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32933,"codeId":11361,"versionId":9105,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-53","shortTitle":"Section 35-2-53","catchLine":"Vacation of Plat or Map by Owner of Lands.","title":"Section 35-2-53 Vacation of Plat or Map by Owner of Lands.","sectionRange":null,"content":"Any plat or map, whether or not executed and recorded as provided in this article, may be vacated by the owner, his executor, administrator, or guardian of the lands at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, executed, acknowledged, and recorded in like manner as conveyances of land which declaration, being duly recorded, shall operate to destroy the force and effect of the recording of the plat or map so vacated and to divest all public rights in the streets, alleys, and public grounds and all dedications laid out or described in such plat or map. When lots have been sold, the plat or map may be vacated, in the manner herein provided by all the owners of lots in such plat or map joining in the execution of such writing.
","history":"(Code 1896, §3902; Code 1907, §6031; Code 1923, §10360; Code 1940, T. 56, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33684,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32934,"codeId":11364,"versionId":9108,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-54","shortTitle":"Section 35-2-54","catchLine":"Vacation of Streets or Alleys by Abutting Landowners.","title":"Section 35-2-54 Vacation of Streets or Alleys by Abutting Landowners.","sectionRange":null,"content":"Any street or alley shown by any map, plat, or survey, whether such map or plat is executed and recorded as provided by law or not, may be vacated, in whole or in part, by the owner or owners of the lands abutting the street or alley (or that portion of the street or alley desired to be vacated), or their executors, administrators, or guardian, joining in a written instrument declaring the same to be vacated, such written instrument to be executed, acknowledged, and recorded in like manner as conveyances of land, which declaration being duly recorded shall operate to destroy the force and effect of the dedication by the map, plat, or survey and to divest all public rights, including any rights which may have been acquired by prescription, in that part of the street or alley so vacated. If any such street or alley is within the limits of any municipality, the assent of the mayor and aldermen or other governing body of the municipality must be procured, evidenced by a resolution adopted by such governing body, a copy of which, certified by the clerk or ministerial officer in charge of the records of the municipality must be attached to, filed, and recorded with the written declaration of vacation. Convenient means of ingress and egress to and from their property shall be afforded to all other property owners owning property in the tract of land embraced in the map, plat, or survey, either by the remaining streets and alleys dedicated by such map, plat, or survey or by any other street or alley being dedicated. If such street or alley has been or is being used as a public road and outside of any municipality, the assent of the county commission of the county in which the property is situated must be procured, evidenced by resolution adopted by such county commission, a copy of which, certified by the presiding officer thereof, must be attached thereto, filed and recorded with the declaration of vacation.
","history":"(Code 1896, §3903; Code 1907, §6032; Acts 1923, No. 15, p. 10; Code 1923, §10361; Acts 1927, No. 199, p. 194; Code 1940, T. 56, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33685,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32935,"codeId":11369,"versionId":9113,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-55","shortTitle":"Section 35-2-55","catchLine":"Validation, Ratification, and Confirmation of Vacation of Streets, Etc.","title":"Section 35-2-55 Validation, Ratification, and Confirmation of Vacation of Streets, Etc.","sectionRange":null,"content":"Every change in location, or vacation, or attempted vacation of any road, street, avenue, or alley, or any part thereof, by the owner or owners of lands abutting thereon, or upon which such road, street, avenue, or alley is located, when such vacation, or attempted vacation, or change of location was in a city or town and was assented to, acquiesced in, or authorized by the governing body thereof (or if it was without a city or town when such vacation, or attempted vacation, or change of location when made was assented to, acquiesced in, or authorized by the county commission, or which has been or may be hereafter ratified or confirmed by the county commission) is and shall be validated, ratified, and confirmed, and all rights of the public in any such road, street, avenue, or alley, or the part thereof so vacated, or attempted to be vacated, including all rights acquired by prescription, are and shall be relinquished or abandoned.
","history":"(Acts 1923, No. 15, p. 10; Code 1923, §10362; Acts 1927, No. 199, p. 194; Code 1940, T. 56, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33686,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32936,"codeId":11375,"versionId":9119,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-56","shortTitle":"Section 35-2-56","catchLine":"Mutilated, Lost, or Mislaid Maps or Plats.","title":"Section 35-2-56 Mutilated, Lost, or Mislaid Maps or Plats.","sectionRange":null,"content":"Where land has been divided into lots, and the map or plat thereof mutilated, lost, or mislaid, and a part or all of the lots indicated therein have been sold, the owner thereof may cause a new survey to be made and a plat or map to be made therefrom, or reproduce the one mutilated, lost, or mislaid, from a survey already made, which new plat or map, if certified, acknowledged and recorded as required by law, shall have the same effect in all respects as a plat or map recorded under Section 35-2-50 and may be vacated in the same manner and under the same conditions as plats or maps may be vacated.
","history":"(Code 1896, §3904; Code 1907, §6033; Code 1923, §10363; Code 1940, T. 56, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33687,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32937,"codeId":11379,"versionId":50062,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-57","shortTitle":"Section 35-2-57","catchLine":"Duty of Probate Judge Upon Recording Vacated Map or Plat.","title":"Section 35-2-57 Duty of Probate Judge Upon Recording Vacated Map or Plat.","sectionRange":null,"content":"When a map or plat or part thereof is vacated, the judge of probate, upon recording such vacation, shall do one of the following:
(1) Where the most recent record is only a tangible map or plat, write in plain letters across the record of the map or plat, or the part so vacated, the word “vacated” and refer on the same to the volume and page in which the instrument of vacation is recorded.
(2) Where the most recent record consists of an electronic or digital image of a map or plat, record a certificate indicating that the map or plat has been vacated, and the certificate shall be made a part of the property records to which it pertains.
","history":"(Code 1896, §3905; Code 1907, §6034; Code 1923, §10364; Code 1940, T. 56, §20; Act 2023-536, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33688,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32938,"codeId":11384,"versionId":9128,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-58","shortTitle":"Section 35-2-58","catchLine":"Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Jurisdiction; Parties.","title":"Section 35-2-58 Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Jurisdiction; Parties.","sectionRange":null,"content":"The circuit courts of this state shall have jurisdiction and power to vacate and annul any map, plat, or survey of lands, or any streets, alleys, avenues, or roads, whether designated by any such maps, plats, or surveys or not, upon the filing of a civil action by any person or persons owning any of the lots, parcels, or tracts of land abutting such roads, streets, or alleys sought to be vacated or annulled. Unless the owners of all the lots or parcels of land so abutting upon the roads, streets, or alleys sought to be vacated join as plaintiffs, the owners and claimants of such other lots or parcels of land abutting upon the roads, streets, or alleys sought to be vacated shall be made parties defendant; and the municipality, town, or city, if the land is located within any municipality, town, or city, shall also be made a party defendant; and, if not located in such municipality, city, or town, the county in which such lands are located shall be made a party defendant.
","history":"(Code 1923, §10365; Code 1940, T. 56, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33689,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32939,"codeId":11388,"versionId":9132,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-59","shortTitle":"Section 35-2-59","catchLine":"Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Conduct of Proceedings; Entry of Judgment; Appeals.","title":"Section 35-2-59 Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Conduct of Proceedings; Entry of Judgment; Appeals.","sectionRange":null,"content":"The proceedings for vacating and annulling such maps, plats, surveys, roads, streets, or alleys shall be conducted in all respects as civil actions are conducted and the circuit court may prescribe all rules and regulations for the conduct of such proceedings which are not inconsistent with the laws of this state or rules promulgated by the Supreme Court. Upon the final hearing of the action, the court may grant the relief prayed in the complaint in whole or in part, or may deny such relief in whole or in part. An appeal will lie from such judgment of the circuit court, as is authorized or provided from other judgments of the circuit court; and upon such hearing, the appellate court may affirm, reverse, or render such judgment or order as the trial court should have rendered.
","history":"(Code 1923, §10366; Code 1940, T. 56, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33690,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32940,"codeId":11393,"versionId":9137,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-60","shortTitle":"Section 35-2-60","catchLine":"Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Recordation of Judgment.","title":"Section 35-2-60 Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Recordation of Judgment.","sectionRange":null,"content":"If the final judgment or order of the court provides that any map, plat, survey, road, street, or alley shall be vacated or annulled in whole or in part, the petition or complaint, together with the final order or judgment of the court, shall be recorded in the office or offices in which the map, plat, or survey showing such roads, streets, or alleys are recorded, and the order or judgment of the court shall not be final until such petition, complaint, order, or judgment is so recorded.
","history":"(Code 1923, §10367; Code 1940, T. 56, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33691,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32941,"codeId":11398,"versionId":9140,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-61","shortTitle":"Section 35-2-61","catchLine":"Fee for Recordation and Registration.","title":"Section 35-2-61 Fee for Recordation and Registration.","sectionRange":null,"content":"The party filing such petition, complaint, order, or judgment for recording and registration shall pay the recording or registration officer a fee of $.15 per 100 words for so recording or registering such documents in such office.
","history":"(Code 1923, §10368; Code 1940, T. 56, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33692,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32942,"codeId":11401,"versionId":9144,"parentId":11346,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-62","shortTitle":"Section 35-2-62","catchLine":"Remedies Not Exclusive.","title":"Section 35-2-62 Remedies Not Exclusive.","sectionRange":null,"content":"The remedies provided in this article for vacating maps, plats, surveys, streets, alleys, etc., shall not be held to be exclusive, but alternative or cumulative.
","history":"(Code 1923, §10369; Code 1940, T. 56, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33693,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32943,"codeId":11409,"versionId":null,"parentId":11208,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Recording of Aerial Photographs or Maps.","title":"Article 4 Recording of Aerial Photographs or Maps.","sectionRange":"§35-2-80 to §35-2-82","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33694,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32944,"codeId":11411,"versionId":9153,"parentId":11409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-80","shortTitle":"Section 35-2-80","catchLine":"Duty of Probate Judges to Record Aerial Photographs or Maps; Manner of Recordation and Maintenance.","title":"Section 35-2-80 Duty of Probate Judges to Record Aerial Photographs or Maps; Manner of Recordation and Maintenance.","sectionRange":null,"content":"In order to facilitate acquirement of easements by watershed associations, water conservancy associations or districts and any other lawful entity engaged in water and soil conservation work, the probate judges of the several counties of the State of Alabama shall receive and record aerial photographs or maps of land areas in their respective counties. These maps or photographs shall be recorded, kept, and maintained in substantially the same manner as prescribed in Section 35-2-51. Before being recorded, such a map or photograph may have drawn or inscribed thereon its source of origin, the approximate scale of the map, section and township lines, property lines, high-water marks for channels and storage areas for water, and soil conservation tract or parcel numbers and boundaries and all such other indicia or information as may be appropriate for identification of the land areas represented by the map.
","history":"(Acts 1966, Ex. Sess., No. 415, p. 560, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33695,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32945,"codeId":11413,"versionId":9155,"parentId":11409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-81","shortTitle":"Section 35-2-81","catchLine":"Approval of County Engineer; Recordation by Probate Judge Without Fee; Use After Recordation.","title":"Section 35-2-81 Approval of County Engineer; Recordation by Probate Judge Without Fee; Use After Recordation.","sectionRange":null,"content":"Before being recorded, all such photographs or maps must have been presented to the county engineer of the county where the land area represented is located. Upon his being satisfied as to the purpose of the recording of such map or photograph and as to the information inscribed thereon, he shall note his approval and affix thereto his signature. This procedure shall constitute all the requirements necessary for recording; and, after the approval of the county engineer, the map or photograph shall be received and recorded by the appropriate probate judge without any charge or fee. After recording, such maps or photographs may be lawfully used as references in easements or other instruments of conveyance.
","history":"(Acts 1966, Ex. Sess., No. 415, p. 560, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33696,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32946,"codeId":11417,"versionId":9159,"parentId":11409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-2-82","shortTitle":"Section 35-2-82","catchLine":"Article Cumulative.","title":"Section 35-2-82 Article Cumulative.","sectionRange":null,"content":"This article is cumulative.
","history":"(Acts 1966, Ex. Sess., No. 415, p. 560, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33697,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32947,"codeId":11436,"versionId":null,"parentId":35,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"3","shortTitle":"Chapter 3","catchLine":"Boundaries.","title":"Chapter 3 Boundaries.","sectionRange":"§35-3-1 to §35-3-25","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33698,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32948,"codeId":11438,"versionId":null,"parentId":11436,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Actions to Determine Boundaries.","title":"Article 1 Actions to Determine Boundaries.","sectionRange":"§35-3-1 to §35-3-3","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33699,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32949,"codeId":11439,"versionId":9179,"parentId":11438,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-3-1","shortTitle":"Section 35-3-1","catchLine":"Proceedings Authorized; Conclusiveness of Established Lines.","title":"Section 35-3-1 Proceedings Authorized; Conclusiveness of Established Lines.","sectionRange":null,"content":"In addition to any other proceeding authorized under the laws of this state which establish or determine disputed land lines or boundaries between coterminous owners, the following proceedings may be had in the circuit court; but the remedy hereby given shall not be exclusive of any other remedy given or authorized under the laws of this state. When disputed boundary lines are once established under this article, or any other proceedings authorized by law, they shall be as binding and conclusive upon the parties as any other judgment to establish or settle disputed boundary lines.
","history":"(Code 1923, §6439; Code 1940, T. 47, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33700,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32950,"codeId":11443,"versionId":9183,"parentId":11438,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-3-2","shortTitle":"Section 35-3-2","catchLine":"Right to Maintain Action; Duty of Court to Determine Claims and Make Order.","title":"Section 35-3-2 Right to Maintain Action; Duty of Court to Determine Claims and Make Order.","sectionRange":null,"content":"Actions may be brought by any person owning land or any interest therein against the owner or person interested in adjoining land to have the boundary lines established; and when the boundary lines of two or more tracts depend upon the same common point, line, or landmark, and action may be brought by the owner or any person interested in any of such tracts, against the owners or persons interested in the other tracts, to have all the boundary lines established. The court shall determine any adverse claims in respect to any portion of the land involved which it may be necessary to determine for a complete settlement of the boundary lines and shall make such order respecting costs and disbursements as it shall deem just.
","history":"(Code 1923, §6440; Code 1940, T. 47, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33701,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32951,"codeId":11446,"versionId":9185,"parentId":11438,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-3-3","shortTitle":"Section 35-3-3","catchLine":"Judgment; Landmarks.","title":"Section 35-3-3 Judgment; Landmarks.","sectionRange":null,"content":"The judgment shall locate and define the boundary lines involved by reference to well-known permanent landmarks, and if it shall be deemed for the interest of the parties, after the entry of judgment, the court may direct a competent surveyor to establish a permanent stone or iron landmark in accordance with the judgment from which future surveys of the land embraced in the judgment shall be made. Such landmarks shall have distinctly cut or marked thereon “judicial landmark.” The surveyor shall make report to the court, and in his report shall accurately describe the landmark so erected and define its location as nearly as practicable.
","history":"(Code 1923, §6441; Code 1940, T. 47, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33702,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32952,"codeId":11451,"versionId":null,"parentId":11436,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Determination of Boundaries in Pending Actions.","title":"Article 2 Determination of Boundaries in Pending Actions.","sectionRange":"§35-3-20 to §35-3-25","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33703,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32953,"codeId":11452,"versionId":9191,"parentId":11451,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-3-20","shortTitle":"Section 35-3-20","catchLine":"Order for Survey on Motion of Court.","title":"Section 35-3-20 Order for Survey on Motion of Court.","sectionRange":null,"content":"(a) Whenever in any action pending in the circuit court it is pertinent and material to the determination of the issue or issues therein or to the proper entering of a description in the judgment therein to establish or fix a disputed land line or boundaries between coterminous landowners, or to locate the position of a line of the government survey, or to locate a landmarker or other object, the court may, as provided in this article, direct a competent surveyor or surveyors to make a survey for the purpose of fixing or establishing the disputed land line or boundaries between coterminous landowners or of locating the position of a line of the government survey or of locating a landmarker or other object.
(b) If the court is of the opinion that such survey should be made it shall enter an order stating the reasons why, in its opinion, such survey should be made and fixing a day on which to hear objections thereof and directing the parties to said action to show cause, if any, why such survey should not be made as proposed in said order.
","history":"(Acts 1931, No. 163, p. 239; Code 1940, T. 47, §§5, 6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33704,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32954,"codeId":11455,"versionId":9192,"parentId":11451,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-3-21","shortTitle":"Section 35-3-21","catchLine":"Order for Survey on Motion of Party - Filing; Notice to Show Cause; Continuance.","title":"Section 35-3-21 Order for Survey on Motion of Party - Filing; Notice to Show Cause; Continuance.","sectionRange":null,"content":"(a) Any party to such action may file a motion therein stating the reasons why such a survey should be made and praying that the court appoint a competent surveyor or surveyors to make such survey; and, upon presenting said motion to the judge of the court he shall enter an order fixing a day on which the same shall be heard and directing the other parties to said action to show cause, if any, why such survey should not be made as prayed in said motion.
(b) The notice to show cause why such survey should not be made shall be given by the service of a copy of the order of the court, relative thereto when made by the court without application of a party to said action, or, when based on a motion by a party to said action, then by service of a copy of such motion and the order of the court on said motion on the party or his attorney of record as directed by the court in its order. Such notice shall be for not less than 10 days. The court may continue such hearing from time to time as in its opinion is proper.
","history":"(Acts 1931, No. 163, p. 239; Code 1940, T. 47, §§7, 8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33705,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32955,"codeId":11458,"versionId":9196,"parentId":11451,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-3-22","shortTitle":"Section 35-3-22","catchLine":"Order for Survey on Motion of Party - Appointment of Surveyor; Costs Generally.","title":"Section 35-3-22 Order for Survey on Motion of Party - Appointment of Surveyor; Costs Generally.","sectionRange":null,"content":"If no objection is made to the making of such survey, or the court is of the opinion that such objection as made is not well taken and that such survey is pertinent and material to the determining of the issues in said action, or to enable the court to properly enter a judgment in said action, and that such survey is advisable, the court may enter an order providing for such survey and appointing a competent and disinterested surveyor or surveyors to make the same and fixing the manner in which the cost of such survey is to be paid, and the court may include in such order such additional conditions, terms, and provisions as are proper and equitable.
","history":"(Acts 1931, No. 163, p. 239; Code 1940, T. 47, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33706,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32956,"codeId":11462,"versionId":9200,"parentId":11451,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-3-23","shortTitle":"Section 35-3-23","catchLine":"Order for Survey on Motion of Party - Deposit of Costs.","title":"Section 35-3-23 Order for Survey on Motion of Party - Deposit of Costs.","sectionRange":null,"content":"In the event a party to such action petitions for such survey and offers to pay the cost of the same and it appears that such survey is pertinent to the determination of the issue or issues of said action or is essential to the proper entering of an order therein, the court shall order such survey requiring the petitioning party to deposit with the register or clerk of the court the estimated cost to be fixed by the court of such survey, which deposited funds shall be disbursed by order of the court; and on the deposit of such cost with the register or clerk the court shall order such survey to be made.
","history":"(Acts 1931, No. 163, p. 239; Code 1940, T. 47, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33707,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32957,"codeId":11467,"versionId":9204,"parentId":11451,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-3-24","shortTitle":"Section 35-3-24","catchLine":"Duty of Surveyor to Make Survey; Report, Map, or Plat.","title":"Section 35-3-24 Duty of Surveyor to Make Survey; Report, Map, or Plat.","sectionRange":null,"content":"Such surveyor or surveyors shall promptly make the survey as directed by the court and file in said action a map or plat, if practical, of such survey and a full and definite report thereof, which report shall be under oath; and such surveyor shall appear on such day as is fixed by the court for examination by the court or any interested parties or their attorneys relative to such report and map or plat. The report and map or plat of such surveyor or surveyors shall be considered by the court as prima facie correct.
","history":"(Acts 1931, No. 163, p. 239; Code 1940, T. 47, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33708,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32958,"codeId":11469,"versionId":9207,"parentId":11451,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-3-25","shortTitle":"Section 35-3-25","catchLine":"Compensation of Surveyor; Provisions of Article Not Exclusive.","title":"Section 35-3-25 Compensation of Surveyor; Provisions of Article Not Exclusive.","sectionRange":null,"content":"In fixing the compensation of the surveyor or surveyors, the court may do so by an agreement or by allowing the usual compensation for such professional services. The provisions of this article are not exclusive and shall in no way affect any existing law relative to the power of courts to order a survey.
","history":"(Acts 1931, No. 163, p. 239; Code 1940, T. 47, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33709,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32959,"codeId":11476,"versionId":null,"parentId":35,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"4","shortTitle":"Chapter 4","catchLine":"Conveyances and Creation of Estates.","title":"Chapter 4 Conveyances and Creation of Estates.","sectionRange":"§35-4-1 to §35-4-435","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33710,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32960,"codeId":11479,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§35-4-1 to §35-4-9","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33711,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32961,"codeId":11481,"versionId":9217,"parentId":11479,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-1","shortTitle":"Section 35-4-1","catchLine":"Who May Convey Lands by Deed or Will.","title":"Section 35-4-1 Who May Convey Lands by Deed or Will.","sectionRange":null,"content":"All persons of the age of 19 years and not under a legal incapacity may alien their lands and any interest therein, whether immediate or future, certain or contingent, by instrument in writing or by their last will, under the regulations prescribed by law.
","history":"(Code 1852, §1265; Code 1867, §1534; Code 1876, §2144; Code 1886, §1788; Code 1896, §981; Code 1907, §3354; Code 1923, §6837; Code 1940, T. 47, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33712,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32962,"codeId":11484,"versionId":9220,"parentId":11479,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-2","shortTitle":"Section 35-4-2","catchLine":"Estate Taken as Fee Simple Unless Expressly Limited.","title":"Section 35-4-2 Estate Taken as Fee Simple Unless Expressly Limited.","sectionRange":null,"content":"Every estate in lands is to be taken as a fee simple, although the words necessary to create an estate of inheritance are not used, unless it clearly appears that a less estate was intended.
","history":"(Code 1852, §1299; Code 1867, §1569; Code 1876, §2178; Code 1886, §1824; Code 1896, §1020; Code 1907, §3396; Code 1923, §6900; Code 1940, T. 47, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33713,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32963,"codeId":11488,"versionId":9223,"parentId":11479,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-3","shortTitle":"Section 35-4-3","catchLine":"Fee Tail Converted into Fee Simple.","title":"Section 35-4-3 Fee Tail Converted into Fee Simple.","sectionRange":null,"content":"Every estate in real or personal property in fee tail, now or hereafter created, becomes an estate in fee simple, and the person in whom such a conditional fee vests has the same power over the estate as in case of pure and absolute fees.
","history":"(Code 1852, §1300; Code 1867, §1570; Code 1876, §2179; Code 1886, §1825; Code 1896, §1021; Code 1907, §3397; Code 1923, §6901; Code 1940, T. 47, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33714,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32964,"codeId":11492,"versionId":9226,"parentId":11479,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-4","shortTitle":"Section 35-4-4","catchLine":"Rule Against Perpetuities.","title":"Section 35-4-4 Rule Against Perpetuities.","sectionRange":null,"content":"Repealed by Act 2011-532, p. 880, §2, effective January 1, 2012.
","history":"(Acts 1931, No. 684, p. 816; Code 1940, T. 47, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33715,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32965,"codeId":11495,"versionId":9230,"parentId":11479,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-5","shortTitle":"Section 35-4-5","catchLine":"Conveyance to Avoid Perpetuities.","title":"Section 35-4-5 Conveyance to Avoid Perpetuities.","sectionRange":null,"content":"Lands may be conveyed within the limits fixed by law, so as to avoid perpetuities, and subject to such other restrictions as are imposed by this Code for such terms as the owner thinks proper; and courts are enjoined to give effect in such cases to the intention and meaning of the parties.
","history":"(Code 1852, §1308; Code 1867, §1578; Code 1876, §2187; Code 1886, §1833; Code 1896, §1029; Code 1907, §3416; Code 1923, §6921; Code 1940, T. 47, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33716,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32966,"codeId":11499,"versionId":9234,"parentId":11479,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-6","shortTitle":"Section 35-4-6","catchLine":"Maximum Term of Leasehold Estate; Acknowledgment or Approval and Recordation of Leases for More Than 20 Years.","title":"Section 35-4-6 Maximum Term of Leasehold Estate; Acknowledgment or Approval and Recordation of Leases for More Than 20 Years.","sectionRange":null,"content":"No leasehold estate can be created for a longer term than 99 years. Leases for more than 20 years shall be void for the excess over said period unless the lease or a memorandum thereof is acknowledged or approved as required by law in conveyances of real estate and recorded within one year after execution in the office of the judge of probate in the county in which the property leased is situated.
","history":"(Code 1852, §1311; Code 1867, §1581; Code 1876, §2190; Code 1886, §1836; Code 1896, §1032; Code 1907, §3418; Acts 1911, No. 41, p. 24; Code 1923, §6923; Code 1940, T. 47, §18; Acts 1989, No. 89-942, p. 1850, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33717,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32967,"codeId":11501,"versionId":9236,"parentId":11479,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-7","shortTitle":"Section 35-4-7","catchLine":"Survivorship Between Joint Tenants.","title":"Section 35-4-7 Survivorship Between Joint Tenants.","sectionRange":null,"content":"When one joint tenant dies before the severance, his interest does not survive to the other joint tenants but descends and vests as if his interest had been severed and ascertained; provided, that in the event it is stated in the instrument creating such tenancy that such tenancy is with right of survivorship or other words used therein showing such intention, then, upon the death of one joint tenant, his interest shall pass to the surviving joint tenant or tenants according to the intent of such instrument. This shall include those instruments of conveyance in which the grantor conveys to himself and one or more other persons and in which instruments it clearly appears that the intent is to create such a survivorship between joint tenants as is herein contemplated.
","history":"(Code 1852, §1312; Code 1867, §1582; Code 1876, §2191; Code 1886, §1837; Code 1896, §1033; Code 1907, §3419; Code 1923, §6924; Code 1940, T. 47, §19; Acts 1945, No. 505, p. 730; Acts 1951, No. 885, p. 1526.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33718,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32968,"codeId":11503,"versionId":9238,"parentId":11479,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-8","shortTitle":"Section 35-4-8","catchLine":"Posthumous Children Included in “Heirs,” “Issue,” or “Children.”","title":"Section 35-4-8 Posthumous Children Included in “Heirs,” “Issue,” or “Children.”","sectionRange":null,"content":"Where a future estate is limited to “heirs,” “issue,” or “children,” posthumous children are entitled to take the estate in the same manner as if born before the death of the parent. Any future estate depending upon the death of a person without heirs, issue, or children is defeated by the birth of a posthumous child of such person capable of taking by descent.
","history":"(Code 1852, §1303; Code 1867, §1573; Code 1876, §2182; Code 1886, §1828; Code 1896, §1024; Code 1907, §3402; Code 1923, §6906; Code 1940, T. 47, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33719,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32969,"codeId":11505,"versionId":9240,"parentId":11479,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-9","shortTitle":"Section 35-4-9","catchLine":"Ownership of Title Instruments.","title":"Section 35-4-9 Ownership of Title Instruments.","sectionRange":null,"content":"Instruments essential to the title of real property and which are not kept in a public office, as a record, pursuant to law, belong to the person in whom for the time being such title may be vested and pass with the title.
","history":"(Code 1923, §6963; Code 1940, T. 47, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33720,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32970,"codeId":11510,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Execution, Attestation, and Acknowledgment.","title":"Article 2 Execution, Attestation, and Acknowledgment.","sectionRange":"§35-4-20 to §35-4-34","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33721,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32971,"codeId":11511,"versionId":9244,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-20","shortTitle":"Section 35-4-20","catchLine":"Conveyance Required to Be in Writing; Signature; Attestation by Witnesses.","title":"Section 35-4-20 Conveyance Required to Be in Writing; Signature; Attestation by Witnesses.","sectionRange":null,"content":"Conveyances for the alienation of lands must be written or printed, or partly written and partly printed, on parchment or paper, and must be signed at their foot by the contracting party or his agent having a written authority; or, if he is not able to sign his name, then his name must be written for him, with the words “his mark” written against the same, or over it; the execution of such conveyance must be attested by one witness or, where the party cannot write, by two witnesses who are able to write and who must write their names as witnesses; or, if he can write his name but does not do so and his name is written for him by another, then the execution must be attested by two witnesses who can and do write their names.
","history":"(Code 1852, §1266; Code 1867, §1535; Code 1876, §2145; Code 1886, §1789; Code 1896, §982; Code 1907, §3335; Code 1923, §6838; Code 1940, T. 47, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33722,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32972,"codeId":11514,"versionId":9247,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-21","shortTitle":"Section 35-4-21","catchLine":"Seal Unnecessary.","title":"Section 35-4-21 Seal Unnecessary.","sectionRange":null,"content":"A seal is not necessary to convey the legal title to land to enable the grantee to bring a civil action. Any instrument in writing, signed by the grantor or his agent having a written authority, is effectual to transfer the legal title to the grantee, if such was the intention of the grantor, to be collected from the entire instrument.
","history":"(Code 1852, §2198; Code 1867, §2599; Code 1876, §2948; Code 1886, §2694; Code 1896, §983; Code 1907, §3356; Code 1923, §6839; Code 1940, T. 47, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33723,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32973,"codeId":11517,"versionId":9250,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-22","shortTitle":"Section 35-4-22","catchLine":"Effect of Writings Importing to Be Under Seal.","title":"Section 35-4-22 Effect of Writings Importing to Be Under Seal.","sectionRange":null,"content":"All writings which import on their face to be under seal are to be taken as sealed instruments and have the same effect as if the seal of the parties was affixed thereto.
","history":"(Code 1852, §1315; Code 1867, §1585; Code 1876, §2194; Code 1886, §1840; Code 1896, §1036; Code 1907, §3363; Code 1923, §6847; Code 1940, T. 47, §32.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33724,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32974,"codeId":11519,"versionId":9252,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-23","shortTitle":"Section 35-4-23","catchLine":"Acknowledgment - Operates as Compliance with Witness Requirements.","title":"Section 35-4-23 Acknowledgment - Operates as Compliance with Witness Requirements.","sectionRange":null,"content":"The acknowledgment provided for in this article operates as a compliance with the requisitions of section 35-4-20 upon the subject of witnesses.
","history":"(Code 1852, §1267; Code 1867, §1536; Code 1876, §2146; Code 1886, §1790; Code 1896, §984; Code 1907, §3357; Code 1923, §6840; Code 1940, T. 47, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33725,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32975,"codeId":11522,"versionId":9255,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-24","shortTitle":"Section 35-4-24","catchLine":"Acknowledgment - Officers Authorized to Take in This State.","title":"Section 35-4-24 Acknowledgment - Officers Authorized to Take in This State.","sectionRange":null,"content":"Acknowledgments and proofs of conveyances may be taken by the following officers within this state: Judges of the Supreme Court, the Court of Civil Appeals, the Court of Criminal Appeals, circuit courts and district courts, and the clerks of such courts; registers of the circuit court, judges of the court of probate, and notaries public.
","history":"(Code 1852, §1276; Code 1867, §1545; Code 1876, §2155; Code 1886, §1799; Code 1896, §993; Code 1907, §3358; Code 1923, §6841; Code 1940, T. 47, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33726,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32977,"codeId":11526,"versionId":26256,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-26","shortTitle":"Section 35-4-26","catchLine":"Acknowledgment - Officers Authorized to Take Outside Alabama; Validity; Certification.","title":"Section 35-4-26 Acknowledgment - Officers Authorized to Take Outside Alabama; Validity; Certification.","sectionRange":null,"content":"(a) Acknowledgments, proofs of conveyances, and affidavits may be taken within the United States and beyond the State of Alabama, by judges and clerks of any federal court, judges and clerks of any state court of record in any state, notaries public, commissioners appointed by the Governor of this state, the commissioner of deeds for the state wherein the acknowledgment is taken, or by any commissioned officer of any of the Armed Forces of the United States. Beyond the limits of the United States, the acknowledgments, proofs, and affidavits may be taken by the judges of any court of record, mayor or chief magistrate of any city, town, borough, or county, by any diplomatic, consular, or commercial agent of the United States, notaries public, or by any commissioned officer of any of the Armed Forces of the United States.
(b) Notwithstanding any provision of this chapter, the acknowledgment of any instrument executed outside the State of Alabama which is in compliance with the manner and form prescribed by the laws of the place of its execution, is executed in a state, territory, or insular possession of the United States or the District of Columbia, and is verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within the state.
(c) All deeds, conveyances, deeds of trust, mortgages, mineral leases, marriage contracts, and other instruments in writing, affecting or purporting to affect title to any real estate or personal property situated in this state, which have been recorded or executed prior to August 1, 2004, and which may be defective or ineffectual because of the failure to have the form of acknowledgment as required by Section 35-4-29, shall be binding and effectual as though the instruments contained the required form of acknowledgment.
(d) In addition to the acknowledgment of instruments in the manner and form provided by this chapter, persons serving in or with the Armed Forces of the United States or their dependents may acknowledge the same wherever located before any commissioned officer of any of the Armed Forces of the United States. The instrument may not be rendered invalid by the failure to state therein the place of execution or acknowledgment, but shall include the state in which the acknowledgment occurred. No authentication of the certificate of acknowledgment of the officer shall be required, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:
“On this ____ day of _________, _____, before me, ______________, the undersigned officer, personally appeared ___________ (Serial No. _________ ) known to me or satisfactorily proven to be (serving in or with the Armed Forces of the United States) (a dependent of ________________, Serial No. _________, a person serving in or with the Armed Forces of the United States) and to be the person whose name is subscribed to the within instrument, and acknowledgment before me on this day that, being informed of the contents of this instrument, he or she executed the same voluntarily on the day the same bears date. The undersigned does further certify that he or she is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the Armed Forces of the United States.
“______________
“Signature of Officer
“______________
“Rank and Serial No. of Officer and Command to which attached.”
","history":"(Code 1852, §1277; Code 1867, §1546; Code 1876, §2156; Code 1886, §1800; Code 1896, §994; Code 1907, §3359; Code 1923, §6842; Code 1940, T. 47, §27; Acts 1943, No. 240, p. 195; Acts 1947, No. 47, p. 15; Act 2004-555, p. 1194, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33728,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32978,"codeId":11530,"versionId":9261,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-27","shortTitle":"Section 35-4-27","catchLine":"Acknowledgment - Proof of Official Seal.","title":"Section 35-4-27 Acknowledgment - Proof of Official Seal.","sectionRange":null,"content":"All deeds, powers of attorney and other instruments of conveyance, affidavits or contracts purporting to be acknowledged, proved or verified as prescribed by law, and which have been recorded or may hereafter be recorded in the office of the judge of probate of the proper county in this state, and transcripts thereof from such record shall be prima facie evidence that the seal of such officer acknowledging or attesting such instrument was his official seal and that it was affixed by him in his official capacity; and all such instruments and certified copies thereof shall have the same force and effect and shall be received in evidence in any court in this state without further proof of the due execution of such instrument or proof of the seal of any officer so certifying or attesting and that the same was affixed by him as his official seal, in his official capacity, whether he be an officer of this state or of any other state, territory or district of the United States.
","history":"(Acts 1920, No. 82, p. 135; Code 1923, §6843; Code 1940, T. 47, §28.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33729,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32979,"codeId":11532,"versionId":9264,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-28","shortTitle":"Section 35-4-28","catchLine":"Acknowledgment - Powers of Attorney, Etc.","title":"Section 35-4-28 Acknowledgment - Powers of Attorney, Etc.","sectionRange":null,"content":"Powers of attorney or other instruments conferring authority to convey property or to enter satisfaction of mortgages or other liens may be proved or acknowledged and recorded in the same manner and must be received as evidence to the same extent as conveyances.
","history":"(Code 1852, §1278; Code 1867, §1547; Code 1876, §2157; Code 1886, §1801; Code 1896, §995; Code 1907, §3360; Code 1923, §6844; Code 1940, T. 47, §29.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33730,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32980,"codeId":11534,"versionId":9266,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-29","shortTitle":"Section 35-4-29","catchLine":"Form of Acknowledgment.","title":"Section 35-4-29 Form of Acknowledgment.","sectionRange":null,"content":"The following are substantially the forms of acknowledgment to be used in this state, on conveyances and instruments of every description admitted to record:
The form of a probate of a conveyance or other instrument is as follows:
Livery of seisin is not necessary in any conveyance of lands, and the property and possession of the grantor pass as fully by his conveyance as if seisin had been formally delivered.
","history":"(Code 1852, §1316; Code 1867, §1586; Code 1876, §2195; Code 1886, §1841; Code 1896, §1037; Code 1907, §3364; Code 1923, §6848; Code 1940, T. 47, §33.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33733,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32983,"codeId":11540,"versionId":9272,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-32","shortTitle":"Section 35-4-32","catchLine":"Attornment of Tenant Unnecessary.","title":"Section 35-4-32 Attornment of Tenant Unnecessary.","sectionRange":null,"content":"Every conveyance of an estate in any hereditament, corporeal or incorporeal, is good and effectual without attornment of the tenant; but no tenant who has paid his rent without notice of such conveyance is liable therefor.
","history":"(Code 1852, §1298; Code 1867, §1568; Code 1876, §2177; Code 1886, §1823; Code 1896, §1019; Code 1907, §3365; Code 1923, §6849; Code 1940, T. 47, §34.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33734,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32984,"codeId":11544,"versionId":9275,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-33","shortTitle":"Section 35-4-33","catchLine":"Judgment for Specific Performance.","title":"Section 35-4-33 Judgment for Specific Performance.","sectionRange":null,"content":"A judgment for specific performance shall operate as a deed to convey land or other property without any conveyance being executed by the vendor. Such judgment, certified by the clerk or register, shall be recorded in the registry of deeds in the county where the land lies, and shall stand in the place of a deed. In any action in which the court orders the specific performance of a contract for the sale of real estate, when it appears from the evidence that the party in whose favor the judgment is made is entitled to the possession of the real estate as against the other party and that such other party is in person or by tenants in possession of such real estate, the court may, in such judgment of specific performance, order the issuance of a writ of possession as in ejectment cases.
","history":"(Code 1907, §3366; Code 1923, §6850; Code 1940, T. 47, §35.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33735,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32985,"codeId":11545,"versionId":9276,"parentId":11510,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-34","shortTitle":"Section 35-4-34","catchLine":"Recitation of Consideration Unnecessary.","title":"Section 35-4-34 Recitation of Consideration Unnecessary.","sectionRange":null,"content":"No deed or other conveyance creating or transferring any interest in land shall be invalid or ineffective because of the fact that it does not recite a good or valuable consideration or no such consideration exists or is given; provided that this section shall in no way affect any equitable rights or remedies of the parties to the deed or other conveyance.
A deed or other conveyance purporting to create or transfer any interest in land, executed prior to January 21, 1971, shall be valid and effective notwithstanding the fact that it does not recite a good or valuable consideration or no such consideration existed or was given; provided, that this section shall in no way affect any equitable rights or remedies of the parties to the deed or other conveyance.
","history":"(Acts 1971, 3rd Ex. Sess., No. 170, p. 4420.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33736,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32986,"codeId":11551,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Recordation and Registration in General.","title":"Article 3 Recordation and Registration in General.","sectionRange":"§35-4-50 to §35-4-127","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33737,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32987,"codeId":11553,"versionId":null,"parentId":11551,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"1","shortTitle":"Division 1","catchLine":"General Provisions.","title":"Division 1 General Provisions.","sectionRange":"§35-4-50 to §35-4-76","content":null,"history":null,"numChildren":28,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33738,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32988,"codeId":11554,"versionId":9282,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-50","shortTitle":"Section 35-4-50","catchLine":"Conveyances Required to Be Recorded in Office of Probate Judge.","title":"Section 35-4-50 Conveyances Required to Be Recorded in Office of Probate Judge.","sectionRange":null,"content":"Conveyances of property, required by law to be recorded, must be recorded in the office of the judge of probate.
","history":"(Code 1852, §1268; Code 1867, §1537; Code 1876, §2147; Code 1886, §1791; Code 1896, §985; Code 1907, §3367; Code 1923, §6853; Code 1940, T. 47, §94.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33739,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32989,"codeId":11558,"versionId":9285,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-51","shortTitle":"Section 35-4-51","catchLine":"What Instruments Admitted to Record; Filing as Notice of Contents; Section Cumulative.","title":"Section 35-4-51 What Instruments Admitted to Record; Filing as Notice of Contents; Section Cumulative.","sectionRange":null,"content":"Except as may be otherwise provided by the Uniform Commercial Code, all deeds, mortgages, deeds of trust, bills of sale, contracts, or other documents purporting to convey any right, title, easement, or interest in any real estate or personal property and all assignments of mortgages, deeds of trust, or other securities for debt or extension agreements with respect thereto, when executed in accordance with law, shall be admitted to record in the office of the probate judge of any county. Their filing for registration shall constitute notice of their contents.
This section shall not be construed as superseding or repealing any other laws effective in Alabama relative to the subject matter in this article, but shall be held and construed to be cumulative.
","history":"(Acts 1927, No. 442, p. 496; Code 1940, T. 47, §95; Acts 1965, No. 549, p. 811.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33740,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32990,"codeId":11560,"versionId":9287,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-51.1","shortTitle":"Section 35-4-51.1","catchLine":"Recordation of Memorandum of Lease; Contents; Effect.","title":"Section 35-4-51.1 Recordation of Memorandum of Lease; Contents; Effect.","sectionRange":null,"content":"(a) A memorandum of a lease may be recorded in lieu of the lease itself if the memorandum is executed and acknowledged by the lessor and the lessee and contains:
(1) The names of the lessor and lessee;
(2) The term of the lease;
(3) Any option of the lessee to renew or extend the term of the lease; and
(4) The specific legal description of the leased premises, or a survey or plot plan authorized under subsection (c) showing the location of the leased premises.
(b) A memorandum recorded under this section may also contain any other agreement made between the lessor and the lessee in the lease.
(c) A survey or plot plan may be used in lieu of a specific legal description to describe:
(1) Any part of a building on the leased premises, if the specific legal description of the real property on which the building is located is set forth in the memorandum, survey, or plot plan;
(2) Any part of the leased premises that is part of a larger tract of land, if the specific legal description of the larger tract is set forth in the memorandum, survey, or plot plan; or
(3) Real property of the lessor, in addition to the leased premises if:
a. The use of such additional real property is restricted, benefitted, or otherwise affected by the terms of the lease; and
b. The specific legal description of the additional real property is set forth in the memorandum, survey, or plot plan.
(d) As to the provisions contained in a memorandum recorded under this section, recording the memorandum has the same effect as recording the lease itself.
","history":"(Acts 1989, No. 89-942, p. 1850, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33741,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32991,"codeId":11565,"versionId":9291,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-52","shortTitle":"Section 35-4-52","catchLine":"Petitions, Decrees, or Orders of Bankruptcy.","title":"Section 35-4-52 Petitions, Decrees, or Orders of Bankruptcy.","sectionRange":null,"content":"(a) A certified copy of the petition, with or without the schedules thereto, of the decree of adjudication or of the order approving the trustee’s bond in bankruptcy proceedings under the provisions of the acts of the Congress of the United States may be filed in the office of the judge of probate of every county in this state where the bankrupt owns or has an interest in real property situated in said county, and such filing shall constitute notice of such proceeding as may be provided by law.
(b) The judge of probate shall immediately file and record such certified copy in the lis pendens record kept in his office, note on it and in the record the hour and date of the filing and place and date of recording and index the same directly in the name of the bankrupt.
","history":"(Acts 1953, No. 183, p. 236, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33742,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32992,"codeId":11567,"versionId":9293,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-53","shortTitle":"Section 35-4-53","catchLine":"Bonds for Title, Etc.","title":"Section 35-4-53 Bonds for Title, Etc.","sectionRange":null,"content":"Every bond for title or other written contract for the sale of land, acknowledged or witnessed as required by law, as well as any purchase money note, may be recorded in a similar manner as provided for the conveyances of lands and shall be notice to all subsequent purchasers, lienors, and creditors of the existence of such bond, contract, or note and of the rights of the parties thereto.
","history":"(Code 1923, §6854; Code 1940, T. 47, §96.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33743,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32993,"codeId":11572,"versionId":9295,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-54","shortTitle":"Section 35-4-54","catchLine":"Conveyances of Personal Property Brought into State by Tenants for Life or Years.","title":"Section 35-4-54 Conveyances of Personal Property Brought into State by Tenants for Life or Years.","sectionRange":null,"content":"Whenever any person, having an estate for life or years in personal property removes to this state with such property, the conveyance creating such estate must be recorded in the county to which it was brought within 12 months thereafter; and, if such property is removed to another county, then in such county within four months after its removal thereto, or such property must be taken to vest absolutely in such person, as to purchasers and creditors without notice; provided, however, that nothing contained in this section shall be construed as applying to any leases, including, without limitation, leases under the Uniform Commercial Code.
","history":"(Code 1852, §1285; Code 1867, §1555; Code 1876, §2164; Code 1886, §1808; Code 1896, §1001; Code 1907, §3378; Code 1923, §6869; Code 1940, T. 47, §112; Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §604.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33744,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32994,"codeId":11576,"versionId":9299,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-55","shortTitle":"Section 35-4-55","catchLine":"Choses in Action Not “Personal Property” Within Meaning Used in Division.","title":"Section 35-4-55 Choses in Action Not “Personal Property” Within Meaning Used in Division.","sectionRange":null,"content":"Choses in action are not included in the words “personal property” in this division.
","history":"(Code 1852, §1286; Code 1867, §1556; Code 1876, §2165; Code 1886, §1809; Code 1896, §1002; Code 1907, §3379; Code 1923, §6870; Code 1940, T. 47, §113.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33745,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32995,"codeId":11582,"versionId":9301,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-56","shortTitle":"Section 35-4-56","catchLine":"Patents.","title":"Section 35-4-56 Patents.","sectionRange":null,"content":"Patents from this state or the United States to lands in this state may be recorded in the office of the judge of probate of the county in which the lands lie; and a certified copy of such record is evidence in any court of this state.
","history":"(Code 1852, §1353; Code 1867, §1623; Code 1876, §2231; Code 1886, §1878; Code 1896, §1003; Code 1907, §3380; Code 1923, §6871; Code 1940, T. 47, §114.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33746,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32996,"codeId":11586,"versionId":9306,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-57","shortTitle":"Section 35-4-57","catchLine":"Deeds of Assignment for Benefit of Creditors.","title":"Section 35-4-57 Deeds of Assignment for Benefit of Creditors.","sectionRange":null,"content":"All deeds of assignment executed by debtors for the benefit of creditors shall, as soon as executed, be filed and recorded in the office of the judge of probate of the county in which the property is situated, and such deeds are operative in all respects as other deeds from the day of the delivery to the judge.
","history":"(Code 1896, §1004; Code 1907, §3381; Code 1923, §6872; Code 1940, T. 47, §115.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33747,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32997,"codeId":11591,"versionId":9311,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-58","shortTitle":"Section 35-4-58","catchLine":"Mode of Recording Generally; Time Stamp; Fees.","title":"Section 35-4-58 Mode of Recording Generally; Time Stamp; Fees.","sectionRange":null,"content":"Judges of probate are to procure, at the expense of their counties, large and well-bound books, in which must be recorded in a fair hand, or by printing the same, or by the use of a typewriter or other writing or printing, photograph or photostat machine, word for word, conveyances of property and all other instruments authorized to be recorded, with the acknowledgments, proofs, schedules, plats, surveys, etc., belonging thereto; and, at the foot or in the margin of the record of each conveyance or other instrument, the day of the month and year of the delivery of the same for record must be specified. The judge making the record of any conveyance or other instrument must certify on the same when it was received and recorded and in what book and page the same is recorded and must deliver it to the party entitled thereto, or his order, on the payment of the fees of registration; but the judge of probate may refuse to indorse “filed” on any conveyance or other instrument or to record the same until such fees of registration are paid and unless the conveyance or other instrument is witnessed, probated, or acknowledged as required by this Code; provided, that in counties wherein a photostat machine or other similar photograph machine is used and an electric time clock or time stamp is used, the judge of probate may make the certificate required by this section by having same stamped upon the instrument with the electric time stamp to read as follows:
“STATE OF ALABAMA ______ COUNTY
I CERTIFY THIS INSTRUMENT WAS FILED ON THE ____ DAY OF _____ (Month), _____ (Year) at (time). Recorded book and page as shown above.
For making the certificate required by this section the judge of probate shall not be entitled to any additional fee for his service, other than that now provided for in Section 12-19-90.
","history":"(Code 1852, §1269; Code 1867, §1538; Code 1876, §2148; Code 1886, §1792; Code 1896, §986; Acts 1907, Ex. Sess., No. 56, p. 80; Code 1907, §3368; Code 1923, §6855; Acts 1927, No. 130, p. 89; Code 1940, T. 47, §97; Acts 1953, No. 281, p. 346.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33748,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32998,"codeId":11597,"versionId":9315,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-59","shortTitle":"Section 35-4-59","catchLine":"Conveyance Operative as Record from Date of Delivery; Receipt.","title":"Section 35-4-59 Conveyance Operative as Record from Date of Delivery; Receipt.","sectionRange":null,"content":"The conveyance or other instrument is operative as a record from the day of the delivery to the judge; and anyone delivering a conveyance or other instrument for registration may require a receipt for same, describing it by date, parties thereto and property conveyed or described.
","history":"(Code 1852, §1270; Code 1867, §1539; Code 1876, §2149; Code 1886, §1793; Code 1896, §987; Code 1907, §3369; Code 1923, §6856; Code 1940, T. 47, §98.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33749,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":32999,"codeId":11600,"versionId":9319,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-60","shortTitle":"Section 35-4-60","catchLine":"Access to Books; Transcripts.","title":"Section 35-4-60 Access to Books; Transcripts.","sectionRange":null,"content":"Such judge must permit all persons to have free access to such books during office hours and furnish transcripts therefrom, with certificates when required, upon the payment of lawful fees.
","history":"(Code 1852, §1271; Code 1867, §1540; Code 1876, §2150; Code 1886, §1794; Code 1896, §988; Code 1907, §3370; Code 1923, §6857; Code 1940, T. 47, §99.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33750,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33000,"codeId":11604,"versionId":9323,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-61","shortTitle":"Section 35-4-61","catchLine":"Liability of Probate Judge for Failure to Perform Duties Generally.","title":"Section 35-4-61 Liability of Probate Judge for Failure to Perform Duties Generally.","sectionRange":null,"content":"If any judge of probate neglects or refuses to perform any of the duties required by this division, he is liable to a civil action for damages to the party injured and also to a penalty of $200.00, which may be sued for by the county treasurer for the use of the county or in his own name by the party aggrieved, for the joint use of himself and the county.
","history":"(Code 1852, §1272; Code 1867, §1541; Code 1876, §2151; Code 1886, §1795; Code 1896, §989; Code 1907, §3371; Code 1923, §6858; Code 1940, T. 47, §100.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33751,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33001,"codeId":11608,"versionId":26288,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-62","shortTitle":"Section 35-4-62","catchLine":"Locations for Recording Conveyances in Real Property, Deeds, Mortgages, Etc.","title":"Section 35-4-62 Locations for Recording Conveyances in Real Property, Deeds, Mortgages, Etc.","sectionRange":null,"content":"(a) Conveyances of real property shall be recorded in the county in which the property is situated.
(b) A deed, mortgage, certificate of judgment, state or federal tax lien, lis pendens, or financing statement filed pursuant to Article 9A (commencing with Section 7-9A-101) of Title 7, conveying or affecting an interest in real property in counties divided into divisions, in counties that maintain more than one courthouse, or in counties that maintain one or more courthouse annexes, may be recorded in either division of the county, in any courthouse located within the county, or in any courthouse annex located within the county when conveyances of real property recorded within the county are electronically stored and indexed so that retrieval of all recordings, after August 1, 2004, may be accomplished from any courthouse or courthouse annex within the county.
","history":"(Code 1852, §1273; Code 1867, §1542; Code 1876, §2152; Code 1886, §1796; Code 1896, §990; Code 1907, §3372; Code 1923, §6859; Code 1940, T. 47, §101; Act 2004-628, p. 1432, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33752,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33002,"codeId":11614,"versionId":9331,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-63","shortTitle":"Section 35-4-63","catchLine":"Recording Effective as Notice of Contents of Conveyance.","title":"Section 35-4-63 Recording Effective as Notice of Contents of Conveyance.","sectionRange":null,"content":"The recording in the proper office of any conveyance of property or other instrument which may be legally admitted to record operates as a notice of the contents of such conveyance or instrument without any acknowledgment or probate thereof as required by law.
","history":"(Code 1852, §1274; Code 1867, §1543; Code 1876, §2153; Code 1886, §1797; Code 1896, §991; Code 1907, §3373; Code 1923, §6860; Code 1940, T. 47, §102.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33753,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33003,"codeId":11620,"versionId":9336,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-64","shortTitle":"Section 35-4-64","catchLine":"Purchasers Protected in Dealing with Record Owner as Owner of Indebtedness.","title":"Section 35-4-64 Purchasers Protected in Dealing with Record Owner as Owner of Indebtedness.","sectionRange":null,"content":"Purchasers of real property against which there are recorded mortgages, vendor’s liens, judgments, and other liens shall be protected in assuming that the record owner of such liens is the owner of the indebtedness secured by the same and in dealing with such record owner as the owner of such indebtedness.
Cancellation of the record of mortgages, vendor’s liens, judgments, and other liens by the record owner of the same shall be valid as to purchasers of the real property affected by liens of such character.
","history":"(Acts 1927, No. 452, p. 503; Code 1940, T. 47, §103.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33754,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33004,"codeId":11626,"versionId":9341,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-65","shortTitle":"Section 35-4-65","catchLine":"When Conveyance Receivable in Evidence.","title":"Section 35-4-65 When Conveyance Receivable in Evidence.","sectionRange":null,"content":"Conveyances of property, real or personal, or any interest therein, whether absolute or on condition, which are acknowledged or proved according to law and recorded may be received in evidence in any court without further proof; and, if it appears to the court that the original conveyance has been lost or destroyed or that the party offering a transcript had not the custody or control thereof, the court must receive the transcript, duly certified, in the place of the original, unless the reputed maker is in bona fide possession of the property and makes and files an affidavit that the said conveyance is a forgery.
","history":"(Code 1852, §1275; Code 1867, §1544; Code 1876, §2154; Code 1886, §1798; Code 1896, §992; Code 1907, §3374; Acts 1909, No. 9, p. 14; Code 1923, §6861; Code 1940, T. 47, §104.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33755,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33005,"codeId":11632,"versionId":9347,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-66","shortTitle":"Section 35-4-66","catchLine":"Recording Certified Copies of Instruments.","title":"Section 35-4-66 Recording Certified Copies of Instruments.","sectionRange":null,"content":"It shall be lawful to record certified copies of deeds, mortgages, maps, and other papers affecting the title to property in any probate office in this state in which the same should have been recorded when such mortgages, deeds, maps, or other papers have heretofore been or may hereafter be recorded in any probate office in this state.
When a certified copy of any deed, mortgage, map, or other paper affecting title to property has been recorded as provided for in this section, such recording shall in all things be considered as and shall be given the effect of the original paper if so recorded.
","history":"(Acts 1935, No. 70, p. 156; Code 1940, T. 47, §105.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33756,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33006,"codeId":11638,"versionId":9353,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-67","shortTitle":"Section 35-4-67","catchLine":"Proof of Conveyances Executed in Name of Corporation.","title":"Section 35-4-67 Proof of Conveyances Executed in Name of Corporation.","sectionRange":null,"content":"(a) Any deed, mortgage or other conveyance of property which purports on its face to have been executed in the name of any corporation by any person as its president, vice-president, or secretary, or by any one or more of said persons, shall, when attested by one or more witnesses or acknowledged by such person or persons before any officer authorized by the laws of this state to take and certify acknowledgments, be prima facie evidence that such conveyance was executed in the name of said corporation by such person or persons as such officer or officers and that said person or persons were such officer or officers of said corporation and duly authorized by said corporation to execute said conveyance in its name.
(b) All conveyances of real property, or any interest therein, whether absolute or on condition, which have been executed and acknowledged as provided by subsection (a) of this section, or attested and proved as conveyances of real property by individuals are proved, shall, when recorded, be received in evidence in any court of this state without further proof.
(c) If it appears to the court that the original conveyance has been lost or destroyed or that the party offering a transcript has not the custody or control thereof, the court must receive the transcript, duly certified, in place of the original unless said corporation is in bona fide possession of the property and one of its officers makes affidavit that said conveyance is a forgery.
","history":"(Acts 1911, No. 44, p. 31; Code 1923, §§6862-6864; Code 1940, T. 47, §§106-108.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33757,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33007,"codeId":11643,"versionId":9357,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-68","shortTitle":"Section 35-4-68","catchLine":"Form of Proof or Acknowledgment of Conveyances.","title":"Section 35-4-68 Form of Proof or Acknowledgment of Conveyances.","sectionRange":null,"content":"All conveyances admitted to record on proof must be attested by two witnesses, and the proof or acknowledgment must comply substantially with the foregoing forms or the conveyances lose the privileges conferred by section 35-4-65.
","history":"(Code 1852, §1261; Code 1867, §1550; Code 1876, §2160; Code 1886, §1804; Code 1896, §3375; Code 1907, §3375; Code 1923, §6866; Code 1940, T. 47, §109.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33758,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33008,"codeId":11646,"versionId":9361,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-69","shortTitle":"Section 35-4-69","catchLine":"Affidavits - Record as Notice of Facts Recited; by Whom Made.","title":"Section 35-4-69 Affidavits - Record as Notice of Facts Recited; by Whom Made.","sectionRange":null,"content":"Affidavits heretofore recorded or that may hereafter be recorded showing the relationship of parties or other persons to conveyances of lands, the relationship of any parties to any conveyances with other parties whose names are shown in the chain of title to lands, whether or not any person or persons connected with the chain of title were married at the time of the execution of any conveyances, the ages of any person or persons connected with the chain of title, whether the lands embraced in any conveyance constituted a part of the homestead of any grantor, whether the lands embraced in any conveyance have been in the actual possession of any parties connected with the chain of title to either the surface or mineral rights of lands, or any other persons; and affidavits relating to the identity of parties whose names may be shown differently in chains of title; and affidavits showing the ownership and adverse possession of lands, that other persons have not owned such lands nor been in possession of same, that there is no outstanding dower interest in said lands; and affidavits stating any other fact or circumstance affecting title to land or any right, title, interest in, or lien or encumbrance upon land, when so recorded, the record of said affidavits shall be notice of the facts therein recited; and any such affidavit may be made by any person whether connected with the chain of title or not.
This section shall apply to affidavits heretofore or hereafter made whether the same were made in connection with any particular transaction or merely to perfect title to land.
","history":"(Acts 1915, No. 805, p. 919; Code 1923, §6873; Code 1940, T. 47, §116; Acts 1945, No. 343, p. 559.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33759,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33009,"codeId":11652,"versionId":9367,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-70","shortTitle":"Section 35-4-70","catchLine":"Affidavits - Admissibility as Evidence.","title":"Section 35-4-70 Affidavits - Admissibility as Evidence.","sectionRange":null,"content":"In any litigation over any of the lands referred to and described in any of such affidavits, in any court in the state of Alabama or in any proceedings in any such court involving the title to such lands, wherein the facts recited in such affidavits may be material, the said affidavits or certified copies of the record thereof shall be admissible as evidence of the facts therein recited and shall be sufficient to prima facie establish such facts. The said affidavits or certified copies thereof shall only be admissible as evidence in the event the parties making the affidavits are deceased, are nonresidents of the state, their residence is unknown to the parties offering the affidavits, or such parties are too old, infirm, or sick to attend court.
","history":"(Acts 1915, No. 805, p. 919; Code 1923, §6874; Code 1940, T. 47, §117; Acts 1945, No. 343, p. 559.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33760,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33010,"codeId":11658,"versionId":9372,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-71","shortTitle":"Section 35-4-71","catchLine":"Affidavits - Filing and Recordation by Probate Judge.","title":"Section 35-4-71 Affidavits - Filing and Recordation by Probate Judge.","sectionRange":null,"content":"The affidavits referred to in Sections 35-4-69 and 35-4-70 shall be filed by the probate judge of the county where offered for filing and by him recorded and indexed in deed records as conveyances of lands are recorded and indexed, and he shall receive the same compensation therefor as for recording deeds to lands.
","history":"(Acts 1915, No. 805, p. 919; Code 1923, §6875; Code 1940, T. 47, §118; Acts 1945, No. 343, p. 559.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33761,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33011,"codeId":11663,"versionId":9377,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-72","shortTitle":"Section 35-4-72","catchLine":"Improperly Acknowledged or Recorded Instruments as Evidence.","title":"Section 35-4-72 Improperly Acknowledged or Recorded Instruments as Evidence.","sectionRange":null,"content":"When a validly executed instrument, not properly acknowledged and recorded, has for 10 years been of record in the office of the judge of probate, the original or a duly certified transcript thereof shall have the same force and effect as evidence as such original or transcript would have had had such instrument been duly acknowledged and recorded.
","history":"(Code 1907, §3382; Code 1923, §6876; Code 1940, T. 47, §119.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33762,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33012,"codeId":11669,"versionId":9382,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-73","shortTitle":"Section 35-4-73","catchLine":"Recitation of Marital Status of Grantor or Vendor Required; Probate Judge Not Liable for Good Faith Error; False Recitation a Misdemeanor.","title":"Section 35-4-73 Recitation of Marital Status of Grantor or Vendor Required; Probate Judge Not Liable for Good Faith Error; False Recitation a Misdemeanor.","sectionRange":null,"content":"(a) No deed, contract, or other conveyance of land or any interest therein, whether legal or equitable, shall be accepted for record by the probate judge unless it contains a recitation of the marital status of an individual grantor or vendor; provided, that this section shall apply only to instruments executed subsequent to July 21, 1972.
(b) A probate judge shall not be liable in damages or for a penalty for an error or mistake in the performance of his duties under this section if committed in good faith.
(c) Any person who knowingly makes a false recitation, as provided in subsection (a) of this section, shall be guilty of a misdemeanor.
","history":"(Acts 1971, 3rd Ex. Sess., No. 172, p. 4422.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33763,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33013,"codeId":11674,"versionId":9388,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-74","shortTitle":"Section 35-4-74","catchLine":"Necessity for Including Plat or Description of Plat Book, Etc.; Probate Judge Not Liable for Good Faith Error.","title":"Section 35-4-74 Necessity for Including Plat or Description of Plat Book, Etc.; Probate Judge Not Liable for Good Faith Error.","sectionRange":null,"content":"(a) No instrument, other than a will, purporting to create or transfer any interest in land shall be accepted for record by a probate judge if such instrument describes the land in which such interest is to be created or transferred by reference to a plat and the plat is not attached to and made a part of the instrument or the instrument does not describe the plat book and the office in which such plat book is to be found and there is no description of the land by metes and bounds; provided, that this section shall apply only to instruments executed subsequent to July 21, 1972; provided further, that where, prior to July 21, 1972, any person has received a conveyance of land, or any interest therein, in which the land is described by reference to a plat which is not recorded and which is not available to him, this section shall not apply if the grantor or mortgagor recites in any instrument executed after July 21, 1972, that the plat is lost, destroyed, or unavailable for recording.
(b) A probate judge shall not be liable in damages or for a penalty for any error or mistake in the performance of his duties under this section if committed in good faith.
","history":"(Acts 1971, 3rd Ex. Sess., No. 171, p. 4422.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33764,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33014,"codeId":11679,"versionId":9393,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-75","shortTitle":"Section 35-4-75","catchLine":"Time for Delivery of Deed; When Recorded Contract Presumed Abandoned.","title":"Section 35-4-75 Time for Delivery of Deed; When Recorded Contract Presumed Abandoned.","sectionRange":null,"content":"(a) Where any contract or extension thereof for the sale of any interest in land fails to state the time within which, or the circumstances under which, a deed is to be delivered, the time for the delivery of the deed shall be a reasonable time after the date on which the contract was entered into, and in no case more than one year subsequent to such date.
(b) Where any contract for the sale of any interest in land or any extension of such contract has been recorded or rerecorded and five years have elapsed since the time provided by the parties or by subsection (a) of this section for the delivery of the deed, whichever period shall be the longer, and no action has been brought for the specific performance of such contract or for the foreclosure of the vendee’s interest or for the enforcement of an equitable lien arising from the contract and no lis pendens has been properly filed, a lienholder or a purchaser for value or mortgagee may conclusively presume that such contract has been abandoned by the parties thereto and that the vendee named in the contract and his successors in interest have no equitable claim against the land made the subject of the contract; provided, that this section shall not apply so long as the vendee named in the contract or his successors in interest shall be in actual possession of the land made the subject of the contract.
(c) This section shall apply to contracts and extensions thereof recorded before or after January 31, 1972; except, that the period of five years provided for in subsection (b) of this section shall not be deemed to have expired in any case until January 31, 1974.
","history":"(Acts 1971, 3rd Ex. Sess., No. 179, p. 4439.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33765,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33015,"codeId":11683,"versionId":9397,"parentId":11553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-76","shortTitle":"Section 35-4-76","catchLine":"Limitations on Duration of Option to Purchase Land.","title":"Section 35-4-76 Limitations on Duration of Option to Purchase Land.","sectionRange":null,"content":"(a) No option to purchase any interest in land, other than an option limited in favor of a lessee and exercisable at a time not later than the end of the term of a lease or any extension or renewal thereof, or an option to repurchase reserved by the grantor in a deed, shall be valid or enforceable for a period of more than 20 years. If any such option may, by the terms of the instrument creating it, continue to exist for longer than 20 years, it shall terminate and cease to be enforceable 20 years after the time of its creation. Where the instrument creating any such option shall place no limit upon the duration of the option or otherwise state the terms controlling the duration of the option, the option shall cease to be enforceable two years after the time of its creation. This section shall not apply to options created prior to January 31, 1972.
(b) Where an option to purchase land, or any interest therein, or any renewal or extension of such option, has been recorded in the public records of land and one year has elapsed since the expiration of such option or renewal or extension thereof, according to the terms of the recorded instrument by which it was created, extended, or renewed, and no instrument of record gives notice that such option has been exercised, the instrument by which the option was created, renewed, or extended shall cease to be notice of the option, its renewal, or extension, nor shall any person be put on inquiry with respect to the exercise or existence of such option; provided, that this subsection shall become effective January 31, 1973.
(c) Subsection (b) of this section shall not apply where a person claiming an option is in possession of the land affected by the option.
","history":"(Acts 1971, 3rd Ex. Sess., No. 180, p. 4440.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33766,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33016,"codeId":11705,"versionId":null,"parentId":11551,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2","shortTitle":"Division 2","catchLine":"Recordation Necessary as to Purchasers, Mortgagees, and Judgment Creditors.","title":"Division 2 Recordation Necessary as to Purchasers, Mortgagees, and Judgment Creditors.","sectionRange":"§35-4-90 to §35-4-98","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33767,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33017,"codeId":11706,"versionId":9416,"parentId":11705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-90","shortTitle":"Section 35-4-90","catchLine":"Conveyances of Real Property Generally.","title":"Section 35-4-90 Conveyances of Real Property Generally.","sectionRange":null,"content":"(a) All conveyances of real property, deeds, mortgages, deeds of trust, or instruments in the nature of mortgages to secure any debts are inoperative and void as to purchasers for a valuable consideration, mortgagees, and judgment creditors without notice, unless the same have been recorded before the accrual of the right of such purchasers, mortgagees, or judgment creditors.
(b) Subsection (a) of this section includes absolute conveyances of real property defeasible by a defeasance or other instrument, in which case such defeasance or instrument must be recorded, according to its character, within the time limited in subsection (a) of this section or it is void as to purchasers for a valuable consideration, mortgagees, and judgment creditors of the original grantee without notice.
","history":"(Code 1852, §§1287-1289; Code 1867, §§1557-1559; Code 1876, §§2166-2168; Code 1886, §§1810-1812; Code 1896, §§1005-1007; Code 1907, §§3383, 3384; Code 1923, §§6887, 6888; Code 1940, T. 47, §§120, 121.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33768,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33018,"codeId":11712,"versionId":9421,"parentId":11705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-91","shortTitle":"Section 35-4-91","catchLine":"Instruments Creating Estates in Remainder, Etc.","title":"Section 35-4-91 Instruments Creating Estates in Remainder, Etc.","sectionRange":null,"content":"All wills and conveyances, creating estates in lands in remainder or reversion or upon a condition, after an estate for life or lives, are inoperative and void as against the creditors of the tenant for life or lives in possession after a possession of five years by such tenant, unless the will or conveyance is recorded within five years from the entry and possession of such tenant.
","history":"(Code 1852, §1290; Code 1867, §1560; Code 1876, §2169; Code 1886, §1813; Code 1896, §1008; Code 1907, §3385; Code 1923, §6889; Code 1940, T. 47, §122.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33769,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33019,"codeId":11719,"versionId":9426,"parentId":11705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-92","shortTitle":"Section 35-4-92","catchLine":"Transfers of Standing Timber, Trees, and Cutting Rights.","title":"Section 35-4-92 Transfers of Standing Timber, Trees, and Cutting Rights.","sectionRange":null,"content":"Except as may be otherwise provided by Article 9 of the Uniform Commercial Code, all conveyances, mortgages, and other instruments executed hereafter for the purpose of transferring standing timber or trees, or cutting rights with respect thereto, or an interest therein, whether such timber, trees, or rights shall be real or personal property, shall be recorded in the county in which such timber and trees are located in the same manner and books and under the same conditions that conveyances of real property are recorded in such county and with like effect; and no such instrument need be recorded elsewhere. Unless an instrument effecting such transfer and herein required to be recorded is so recorded, any such transfer shall be inoperative and void as against purchasers, mortgagees, and judgment creditors without notice.
","history":"(Acts 1951, No. 629, p. 1084; Acts 1965, No. 549, p. 811.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33770,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33020,"codeId":11724,"versionId":9429,"parentId":11705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-93","shortTitle":"Section 35-4-93","catchLine":"Marriage Settlements.","title":"Section 35-4-93 Marriage Settlements.","sectionRange":null,"content":"Personal property conveyed in consideration of marriage, when the possession remains with the husband or the husband and wife, must be taken as the property of the husband, in favor of purchasers without notice and creditors, unless such conveyance is recorded in the county of the husband’s residence, within 12 months after such possession commenced in this state; and, if the husband removes to another county, within four months after such removal.
","history":"(Code 1852, §1293; Code 1867, §1563; Code 1876, §2172; Code 1886, §1816; Code 1896, §1011; Code 1907, §3388; Code 1923, §6892; Code 1940, T. 47, §125.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33771,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33021,"codeId":11730,"versionId":9434,"parentId":11705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-94","shortTitle":"Section 35-4-94","catchLine":"Loans in Writing, Wills or Conveyances Creating Estates in Personal Property on Condition, Etc.","title":"Section 35-4-94 Loans in Writing, Wills or Conveyances Creating Estates in Personal Property on Condition, Etc.","sectionRange":null,"content":"All loans in writing, wills, or conveyances creating estates in personal property, on condition, in reversion or remainder, or in which the use is separated from the right, other than the conveyances hereinabove in this division specified and other than leases (including, without limitation, leases under the Uniform Commercial Code) and security agreements under the Uniform Commercial Code, and under which possession is suffered to remain for three years with the party entitled to the estate or use, vest an absolute estate in the person so having possession for such number of years as to creditors and purchaser of such person unless such loan, will, or conveyance is recorded within such time in the county where such property is; provided, however, that nothing contained in this section shall be construed as applying to any lease (including, without limitation, leases under the Uniform Commercial Code) or to any security interest or security agreement under the Uniform Commercial Code.
","history":"(Code 1852, §1294; Code 1867, §1564; Code 1876, §2173; Code 1886, §1817; Code 1896, §1012; Code 1907, §3389; Code 1923, §6893; Code 1940, T. 47, §126; Acts 1965, No. 549, p. 811; Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §605.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33772,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33022,"codeId":11736,"versionId":9437,"parentId":11705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-95","shortTitle":"Section 35-4-95","catchLine":"Effect of Loans of Personal Property Not in Writing.","title":"Section 35-4-95 Effect of Loans of Personal Property Not in Writing.","sectionRange":null,"content":"All loans of personal property, not in writing, vest an absolute estate in the person in possession under such loan, as to purchasers and creditors of such person, after three years from the commencement of such loan, unless within that time the lender commences a civil action, in good faith, for the recovery of the property.
","history":"(Code 1852, §1295; Code 1867, §1565; Code 1876, §2174; Code 1886, §1818; Code 1896, §1013; Code 1907, §3390; Code 1923, §6894; Code 1940, T. 47, §127.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33773,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33023,"codeId":11741,"versionId":9443,"parentId":11705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-96","shortTitle":"Section 35-4-96","catchLine":"Conveyances of Personalty to Minors.","title":"Section 35-4-96 Conveyances of Personalty to Minors.","sectionRange":null,"content":"All conveyances of personal property in favor of minor children, except by will, where the custody, control, and visible possession thereof is suffered to remain by the donor with the father or mother of such children, vest an absolute estate in such father or mother so in possession, in favor of the purchasers from, and creditors of, such father or mother, without notice, unless the conveyance is recorded within three years after such possession commenced in this state in the county of the residence of such father or mother.
","history":"(Code 1852, §1296; Code 1867, §1566; Code 1876, §2175; Code 1886, §1819; Code 1896, §1014; Code 1907, §3391; Code 1923, §6895; Code 1940, T. 47, §128.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33774,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33024,"codeId":11745,"versionId":9447,"parentId":11705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-97","shortTitle":"Section 35-4-97","catchLine":"Effect of Parol Gifts of Personal Property.","title":"Section 35-4-97 Effect of Parol Gifts of Personal Property.","sectionRange":null,"content":"Parol gifts of personal property are inoperative until the custody, control, management, and use of the property passes from the donor to the donee and is possessed by such donee or his agent; when the donee is a minor living with his parents, or either of them, the possession of the father or parent with whom he is living must be considered the possession of the child.
","history":"(Code 1852, §1297; Code 1867, §1567; Code 1876, §2176; Code 1886, §1820; Code 1896, §1015; Code 1907, §3392; Code 1923, §6896; Code 1940, T. 47, §129.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33775,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33025,"codeId":11750,"versionId":9452,"parentId":11705,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-98","shortTitle":"Section 35-4-98","catchLine":"When Conditional Sales Contract Received in Evidence.","title":"Section 35-4-98 When Conditional Sales Contract Received in Evidence.","sectionRange":null,"content":"Such a conditional sales contract, when the execution thereof has been acknowledged or proved before an officer having authority to take and certify the acknowledgment of conveyances and when such contract has been duly recorded, must be received in evidence without other proof of execution; and, if the original of such contract is lost or destroyed, or the party offering in evidence a certified transcript has not the custody or control thereof, a certified transcript from the record thereof must be received in evidence without other proof of the execution of the original.
","history":"(Code 1886, §1822; Code 1896, §1018; Code 1907, §3395; Code 1923, §6899; Code 1940, T. 47, §132.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33776,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33026,"codeId":11756,"versionId":null,"parentId":11551,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"3","shortTitle":"Division 3","catchLine":"Statement of Name and Address of Preparer of Certain Instruments.","title":"Division 3 Statement of Name and Address of Preparer of Certain Instruments.","sectionRange":"§35-4-110 to §35-4-113","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33777,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33027,"codeId":11759,"versionId":9458,"parentId":11756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-110","shortTitle":"Section 35-4-110","catchLine":"Instrument Not Recordable Unless Statement Endorsed on It.","title":"Section 35-4-110 Instrument Not Recordable Unless Statement Endorsed on It.","sectionRange":null,"content":"No probate judge shall receive for record or permit the recording of any instrument in which the title to real property, or any interest therein, or lien thereon, is conveyed, granted, encumbered, assigned, or otherwise disposed of, or any instrument relating to the organization, reorganization, or dissolution of a private corporation, unless such instrument has endorsed on it a printed, typewritten, or stamped statement showing the name and address of the individual who prepared the instrument. If the instrument is in part composed of a printed form the person.preparing the instrument shall be the person who filled in the blanks in the form or examined the entries made in such blanks by some other person.
","history":"(Acts 1965, No. 624, p. 1137, §1; Acts 1969, No. 121, p. 397; Acts 1971, 3rd Ex. Sess., No. 178, p. 4438, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33778,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33028,"codeId":11766,"versionId":9463,"parentId":11756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-111","shortTitle":"Section 35-4-111","catchLine":"Probate Judge Not Liable for Good Faith Errors.","title":"Section 35-4-111 Probate Judge Not Liable for Good Faith Errors.","sectionRange":null,"content":"The probate judge shall not be liable in damages or penalty for any error or mistake in the performance of the duties prescribed in this division if committed in good faith.
","history":"(Acts 1965, No. 624, 1137, §2; Acts 1971, 3rd Ex. Sess., No. 178, p. 4438, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33779,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33029,"codeId":11771,"versionId":9466,"parentId":11756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-112","shortTitle":"Section 35-4-112","catchLine":"When Division Not Applicable.","title":"Section 35-4-112 When Division Not Applicable.","sectionRange":null,"content":"This division shall not apply to the recording of any will, decree, court order, or judgment; nor to any instrument executed prior to July 21, 1972; except, that it shall apply to instruments executed since January 1, 1966, in counties having a population of over 600,000 inhabitants according to the 1960 or any succeeding federal census, and to all instruments executed since July 1, 1969, in counties having a population of 300,000 inhabitants according to the 1960 or a succeeding federal census.
","history":"(Acts 1965, No. 624, p. 1137, §4; Acts 1971, 3rd Ex. Sess., No. 178, p. 4438, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33780,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33030,"codeId":11773,"versionId":9467,"parentId":11756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-113","shortTitle":"Section 35-4-113","catchLine":"Form.","title":"Section 35-4-113 Form.","sectionRange":null,"content":"An instrument will be in compliance with this division if it contains a statement in the following form: “This instrument was prepared by (Name) ____ Address) ____.”
","history":"(Acts 1965, No. 624, p. 1137, §5; Acts 1971, 3rd Ex. Sess., No. 178, p. 4438, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33781,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33031,"codeId":37941,"versionId":null,"parentId":11551,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"4","shortTitle":"Division 4","catchLine":"Alabama Uniform Real Property Electronic Recording Act.","title":"Division 4 Alabama Uniform Real Property Electronic Recording Act.","sectionRange":"§35-4-120 to §35-4-127","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33782,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33032,"codeId":37942,"versionId":30705,"parentId":37941,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-120","shortTitle":"Section 35-4-120","catchLine":"Short Title.","title":"Section 35-4-120 Short Title.","sectionRange":null,"content":"This division may be cited as the Alabama Uniform Real Property Electronic Recording Act.
","history":"(Act 2009-510, p. 954, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33783,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33033,"codeId":37943,"versionId":30706,"parentId":37941,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-121","shortTitle":"Section 35-4-121","catchLine":"Definitions.","title":"Section 35-4-121 Definitions.","sectionRange":null,"content":"In this division:
(1) “Document” means information that is:
a. Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
b. Eligible to be recorded in the land records maintained by the judge of probate.
(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) “Electronic document” means a document that is received by the judge of probate in an electronic form.
(4) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(5) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(6) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
","history":"(Act 2009-510, p. 954, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33784,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33034,"codeId":37944,"versionId":30707,"parentId":37941,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-122","shortTitle":"Section 35-4-122","catchLine":"Validity of Electronic Documents.","title":"Section 35-4-122 Validity of Electronic Documents.","sectionRange":null,"content":"(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this act.
(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
","history":"(Act 2009-510, p. 954, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33785,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33035,"codeId":37945,"versionId":30708,"parentId":37941,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-123","shortTitle":"Section 35-4-123","catchLine":"Recording of Documents.","title":"Section 35-4-123 Recording of Documents.","sectionRange":null,"content":"(a) In this section, “paper document” means a document that is received by the judge of probate in a form that is not electronic.
(b) A judge of probate:
(1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the Electronic Recording Commission.
(2) May receive, index, store, archive, and transmit electronic documents.
(3) May provide for access to, and for search and retrieval of, documents and information by electronic means.
(4) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.
(5) May convert paper documents accepted for recording into electronic form.
(6) May convert into electronic form information recorded before the judge of probate began to record electronic documents.
(7) May accept electronically any fee or tax that the judge of probate is authorized to collect.
(8) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes as provided for in the standards to implement this division.
","history":"(Act 2009-510, p. 954, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33786,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33036,"codeId":37946,"versionId":30709,"parentId":37941,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-124","shortTitle":"Section 35-4-124","catchLine":"Administration and Standards.","title":"Section 35-4-124 Administration and Standards.","sectionRange":null,"content":"(a) The Electronic Recording Commission consisting of 14 members is created to adopt standards to implement this division. The members shall be appointed as follows:
(1) Six judges of probate or chief clerks appointed by the Alabama Probate Judges Association.
(2) Two practicing attorneys appointed by the Alabama State Bar Association.
(3) One person engaged in the business of title insurance in the State of Alabama appointed by the Alabama Land Title Association, a division of the Dixie Land Title Association.
(4) One person appointed by the Alabama Bankers Association.
(5) One person appointed by the Association of County Commissions of Alabama.
(6) The Chief Examiner of the Alabama Department of Examiners of Public Accounts, or his or her designee.
(7) The Director of the Alabama Department of Archives and History, or his or her designee.
(8) One person appointed by the Alabama Association of Realtors.
(b) To keep the standards and practices of judges of probate in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this division and to keep the technology used by judges of probate in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this division, the Electronic Recording Commission, so far as is consistent with the purposes, policies, and provisions of this division in adopting, amending, and repealing standards, shall consider:
(1) Standards and practices of other jurisdictions.
(2) The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association.
(3) The views of interested persons and governmental officials and entities.
(4) The needs of counties of varying size, population, and resources.
(5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
(c) The Electronic Recording Commission shall adopt standards pursuant to this division. The commission shall prescribe uniform standards for electronic recording of real estate records for any county participating in the electronic recording of real estate in the county. The Secretary of State, pursuant to the Alabama Administrative Procedure Act, shall immediately implement the standards adopted by the Electronic Recording Commission without change.
","history":"(Act 2009-510, p. 954, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33787,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33037,"codeId":37947,"versionId":30710,"parentId":37941,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-125","shortTitle":"Section 35-4-125","catchLine":"Scope and Restrictions.","title":"Section 35-4-125 Scope and Restrictions.","sectionRange":null,"content":"Except as expressly provided in this division or the standards adopted by the Electronic Recording Commission, nothing in this division or any rule adopted pursuant to this division may amend, alter, or repeal the substantive law of this state as it relates to the requirements of any real property recording.
","history":"(Act 2009-510, p. 954, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33788,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33038,"codeId":37948,"versionId":30711,"parentId":37941,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-126","shortTitle":"Section 35-4-126","catchLine":"Uniformity of Application and Construction.","title":"Section 35-4-126 Uniformity of Application and Construction.","sectionRange":null,"content":"In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
","history":"(Act 2009-510, p. 954, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33789,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33039,"codeId":37949,"versionId":30712,"parentId":37941,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-127","shortTitle":"Section 35-4-127","catchLine":"Relation to Electronic Signatures in Global and National Commerce Act.","title":"Section 35-4-127 Relation to Electronic Signatures in Global and National Commerce Act.","sectionRange":null,"content":"This division modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).
","history":"(Act 2009-510, p. 954, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33790,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33040,"codeId":11799,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Lis Pendens.","title":"Article 4 Lis Pendens.","sectionRange":"§35-4-130 to §35-4-139","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33791,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33041,"codeId":11801,"versionId":9494,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-130","shortTitle":"Section 35-4-130","catchLine":"Lis Pendens Record.","title":"Section 35-4-130 Lis Pendens Record.","sectionRange":null,"content":"The judge of probate of each county in this state shall keep in his office as a public record a suitable book, to be called a lis pendens record.
","history":"(Acts 1915, No. 77, p. 122; Code 1923, §6877; Code 1940, T. 47, §65.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33792,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33042,"codeId":11803,"versionId":9496,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-131","shortTitle":"Section 35-4-131","catchLine":"Notice of Actions, Etc.","title":"Section 35-4-131 Notice of Actions, Etc.","sectionRange":null,"content":"(a) When any civil action or proceeding shall be brought in any court to enforce any lien upon, right to or interest in, or to recover any land, or where an application has been made to the probate judge of any county for an order of condemnation of land, or any interest therein, the person, corporation, or governmental body commencing such action or proceeding or making such application shall file with the judge of probate of each county where the land or any part thereof is situated a notice containing the names of all of the parties to the action or proceeding, or the persons named as those having an interest in the land in the application for an order of condemnation, a description of the real estate and a brief statement of the nature of the lien, writ, application, or action sought to be enforced. The judge of probate shall immediately file and record the notice in the lis pendens record and note on it and in the record the hour and date of the filing and the place and date of recording.
(b) A copy of the notice required by Section 6-6-564, regarding in rem proceedings involving claims to title of land, certified by the register or clerk as being correct, shall also be recorded as a lis pendens in the office of probate judge of the county where the lands lie.
","history":"(Acts 1915, No. 77, p. 122; Acts 1923, No. 526, p. 699; Code 1923, §§6878, 9916; Code 1940, T. 7, §1120; Code 1940, T. 47, §66; Acts 1971, 3rd Ex. Sess., No. 181, p. 4441, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33793,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33043,"codeId":11808,"versionId":9500,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-132","shortTitle":"Section 35-4-132","catchLine":"Notice of Levy.","title":"Section 35-4-132 Notice of Levy.","sectionRange":null,"content":"When a sheriff, constable, United States marshal, or other officer shall levy upon land by virtue of any process, he shall file with the judge of probate of each county where the land or any party thereof is situated a notice of the levy, showing the names of the parties to the proceeding, the kind of process, and a description of the land levied on. The judge of probate shall file and record and note upon the notice and record as in Section 35-4-131.
","history":"(Acts 1915, No. 77, p. 122; Code 1923, §6879; Code 1940, T. 47, §67; Acts 1971, 3rd Ex. Sess., No. 181, p. 4441, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33794,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33044,"codeId":11813,"versionId":9505,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-133","shortTitle":"Section 35-4-133","catchLine":"Notices to Be Recorded in Full; Indorsement on Original.","title":"Section 35-4-133 Notices to Be Recorded in Full; Indorsement on Original.","sectionRange":null,"content":"Any notice filed with the judge of probate under this article shall be recorded in such record in full, and the original of such notice shall bear the indorsement of the time of filing for record and the book and page wherein such notice is recorded.
","history":"(Acts 1915, No. 77, p. 122; Code 1923, §6884; Code 1940, T. 47, §72.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33795,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33045,"codeId":11818,"versionId":9510,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-134","shortTitle":"Section 35-4-134","catchLine":"Index of Notices.","title":"Section 35-4-134 Index of Notices.","sectionRange":null,"content":"The judge of probate, upon filing and recording each notice, shall index the same, both directly and indirectly, under the name of each party to the proceeding.
","history":"(Acts 1915, No. 77, p. 122; Code 1923, §6880; Code 1940, T. 47, §68.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33796,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33046,"codeId":11825,"versionId":9514,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-135","shortTitle":"Section 35-4-135","catchLine":"Bona Fide Purchasers, Etc., Protected Upon Failure to Record Notice.","title":"Section 35-4-135 Bona Fide Purchasers, Etc., Protected Upon Failure to Record Notice.","sectionRange":null,"content":"If the notice required by Sections 35-4-131 and 35-4-132 shall not be entered in the lis pendens record, the action, proceeding, or application shall not affect the rights of a bona fide purchaser, lessee, or mortgagee of any interest in such land or any person then or thereafter asserting a lien against such land unless he or they have actual notice of the action, proceeding, levy, or application.
","history":"(Acts 1915, No. 77, p. 122; Code 1923, §6881; Code 1940, T. 47, §69; Acts 1971, 3rd Ex. Sess., No. 181, p. 4441, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33797,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33047,"codeId":11831,"versionId":9519,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-136","shortTitle":"Section 35-4-136","catchLine":"Record of Termination of Action; Microfilm.","title":"Section 35-4-136 Record of Termination of Action; Microfilm.","sectionRange":null,"content":"Where the action, proceeding, or levy, notice of which has been entered in the lis pendens record, shall be terminated, whether on the merits or not, the court wherein the same was pending may direct the judge of probate who has custody of the record to make such entry thereof as he shall prescribe, to give notice of the result of the action, proceeding, or levy and of the devolution of the land, and the judge of probate shall at once, on presentation thereof, file and record an entry and note the date of filing and recording on the record; provided, that where an application has been made for an order of condemnation of land, or any interest therein, the probate judge shall make such entry on his own motion. The officer or party filing such notice must, within 30 days after demand, enter on the margin of the record of the same satisfaction of such claim under the lis pendens notice whenever the same shall have been fully satisfied or terminated, and such satisfaction shall have the same effect as if made by the judge of probate as provided in this article. Nothing in this section, nor in Section 35-4-137, shall be construed to alter the form used in maintaining the lis pendens records in those counties where the public land records are, by authority of the statute law of the State of Alabama, maintained on microfilm.
","history":"(Acts 1915, No. 77, p. 122; Code 1923, §6882; Code 1940, T. 47, §70; Acts 1971, 3rd Ex. Sess., No. 181, p. 4441, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33798,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33048,"codeId":11833,"versionId":9521,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-137","shortTitle":"Section 35-4-137","catchLine":"Release of Land from Lien Upon Execution of Bond.","title":"Section 35-4-137 Release of Land from Lien Upon Execution of Bond.","sectionRange":null,"content":"When any lis pendens in an action or proceeding to enforce a lien has been filed and recorded in the office of the judge of probate, as prescribed in Sections 35-4-131 and 35-4-132, the person owning or claiming the land described in the lis pendens may at any time, before a judgment is entered enforcing the lien, nullify the notice given by such lis pendens by executing a bond with sufficient surety in double the amount of the fair market value of the land described in the lis pendens and as to which the lis pendens is to be nullified, the amount of the bond and the surety or sureties thereon to be approved by the judge of probate. The bond shall be payable to the judge of probate and conditioned to pay any sum of money found to be a lien against such land, up to the fair market value of the said land, said payment to be made by 12:00 noon of the day and at the place appointed for the sale thereof. When said bond has been taken and approved by the judge of probate, he shall make a notation of the same on the margin of the record of the lis pendens and on the margin of the record of the lien referred to in said lis pendens. If the makers of such bond do not make payment according to the conditions thereof, the court officer advertising the sale of such land shall within five days thereafter forfeit said bond and issue or have issued from the proper court officer, without delay, an execution on the forfeited bond against all the obligors therein for the amount found to be a lien upon said land relieved and released by said bond, up to the fair market value of said land so relieved and released, together with all lawful costs, all of which shall be endorsed on the said execution. The judge of probate of each county in the State of Alabama shall keep in his office as a public record a suitable book, appropriately designated, in which all such bonds shall be recorded and properly indexed. The judge of probate, for the services required of him, shall receive a fee of $1.00 for approving the said bond and $.15 per 100 words for recording said bond, which fee shall be paid by the person filing the same.
","history":"(Acts 1931, No. 701, p. 826; Code 1940, T. 47, §74; Acts 1971, 3rd Ex. Sess., No. 181, p. 4441, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33799,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33049,"codeId":11837,"versionId":9526,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-138","shortTitle":"Section 35-4-138","catchLine":"Fees for Recording Notice.","title":"Section 35-4-138 Fees for Recording Notice.","sectionRange":null,"content":"The judge of probate, for the services required of him, shall receive a fee of $.15 for each 100 words for recording such notice, which fee shall be paid by the person filing the same.
","history":"(Acts 1915, No. 77, p. 122; Code 1923, §6885; Code 1940, T. 47, §73.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33800,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33050,"codeId":11842,"versionId":9530,"parentId":11799,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-139","shortTitle":"Section 35-4-139","catchLine":"Liability of Judges and Officers on Bonds.","title":"Section 35-4-139 Liability of Judges and Officers on Bonds.","sectionRange":null,"content":"If any judge of probate shall fail to perform any of the duties required of him by this article, he shall be liable on his official bond to any party injured for all damages he may sustain; and, if any sheriff, constable, marshal, or other officer shall fail to file the notice provided for in this article, upon the levy by him of any process on real estate, he shall be liable on his bond for all damages resulting therefrom.
","history":"(Acts 1915, No. 77, p. 122; Code 1923, §6883; Code 1940, T. 47, §71.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33801,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33051,"codeId":11853,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"Reformation of Deeds, Mortgages, and Conveyances.","title":"Article 5 Reformation of Deeds, Mortgages, and Conveyances.","sectionRange":"§35-4-150 to §35-4-153","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33802,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33052,"codeId":11856,"versionId":9541,"parentId":11853,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-150","shortTitle":"Section 35-4-150","catchLine":"Civil Action for Reformation of Conveyances Containing Erroneous Description.","title":"Section 35-4-150 Civil Action for Reformation of Conveyances Containing Erroneous Description.","sectionRange":null,"content":"Any person claiming title to land directly or remotely from the grantee in a deed, mortgage, or other conveyance containing an erroneous description, may maintain a civil action in a circuit court for the reformation of such deed, mortgage, or other conveyance and shall be entitled to relief in all cases in which the grantee in the deed, mortgage, or other conveyance containing an erroneous description would be entitled to relief.
","history":"(Acts 1911, No. 227, p. 199; Code 1923, §6960; Code 1940, T. 47, §133.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33803,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33053,"codeId":11862,"versionId":9546,"parentId":11853,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-151","shortTitle":"Section 35-4-151","catchLine":"Error in Any Description Sufficient to Maintain Civil Action.","title":"Section 35-4-151 Error in Any Description Sufficient to Maintain Civil Action.","sectionRange":null,"content":"In order to authorize a person claiming title under the grantee in a deed, mortgage, or other conveyance containing an erroneous description to maintain a civil action for the reformation of the same, it shall not be necessary that there shall be any error in description in all the conveyances constituting the chain of title from the grantor in the conveyance containing the erroneous description to the complainant; but, if it shall reasonably appear that it was the purpose or intention of each grantor to convey the land which was intended to be conveyed in said deed, mortgage or other conveyance containing the erroneous description, the complainant shall be entitled to a reformation of such deed, mortgage, or other conveyance.
","history":"(Acts 1911, No. 227, p. 199; Code 1923, §6961; Code 1940, T. 47, §134.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33804,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33054,"codeId":11866,"versionId":9548,"parentId":11853,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-152","shortTitle":"Section 35-4-152","catchLine":"Grantors, Etc., May Be Made Parties Defendant.","title":"Section 35-4-152 Grantors, Etc., May Be Made Parties Defendant.","sectionRange":null,"content":"The grantors in any number of conveyances in the chain of title of the complainant may be made parties defendant to the civil action for the reformation of the description in any one or more of such conveyances, and the joining of the grantors in several conveyances in the chain of title shall not make the complaint multifarious or objectionable by reason of the misjoinder of parties defendant.
","history":"(Acts 1911, No. 227, p. 199; Code 1923, §6962; Code 1940, T. 47, §135.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33805,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33055,"codeId":11872,"versionId":9552,"parentId":11853,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-153","shortTitle":"Section 35-4-153","catchLine":"Fraud or Mistake.","title":"Section 35-4-153 Fraud or Mistake.","sectionRange":null,"content":"When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a deed, mortgage, or other conveyance does not truly express the intention of the parties, it may be revised by a court on the application of the party aggrieved so as to express that intention, insofar as this can be done without prejudice to rights acquired by third persons in good faith and for value.
","history":"(Code 1923, §6825; Code 1940, T. 47, §136.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33806,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33056,"codeId":11878,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6","shortTitle":"Article 6","catchLine":"Life Estates.","title":"Article 6 Life Estates.","sectionRange":"§35-4-170 to §35-4-171","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33807,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33057,"codeId":11880,"versionId":9558,"parentId":11878,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-170","shortTitle":"Section 35-4-170","catchLine":"Remainders Not Defeated by Acts of Life Tenants.","title":"Section 35-4-170 Remainders Not Defeated by Acts of Life Tenants.","sectionRange":null,"content":"No estate or interest of any person can be defeated, discontinued, or extinguished by the act of any third person having a possessory or ulterior interest, except in the cases especially provided by this Code.
","history":"(Code 1852, §1305; Code 1867, §1575; Code 1876, §2184; Code 1886, §1830; Code 1896, §1026; Code 1907, §3406; Code 1923, §6910; Code 1940, T. 47, §63.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33808,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33058,"codeId":11885,"versionId":9561,"parentId":11878,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-171","shortTitle":"Section 35-4-171","catchLine":"Removal of Personalty.","title":"Section 35-4-171 Removal of Personalty.","sectionRange":null,"content":"The tenant for life in personalty cannot remove it beyond the jurisdiction of this state without the consent of the remainderman. If he attempts to do so, the remainderman or reversioner is entitled to the writ of ne exeat to restrain him.
","history":"(Code 1907, §3407; Code 1923, §6911; Code 1940, T. 47, §64.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33809,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33059,"codeId":11891,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7","shortTitle":"Article 7","catchLine":"Ascertainment and Payment of Life or Dower Interests.","title":"Article 7 Ascertainment and Payment of Life or Dower Interests.","sectionRange":"§35-4-190 to §35-4-192","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33810,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33060,"codeId":11892,"versionId":9567,"parentId":11891,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-190","shortTitle":"Section 35-4-190","catchLine":"Duty of Court to Ascertain Present Value and Make Payment.","title":"Section 35-4-190 Duty of Court to Ascertain Present Value and Make Payment.","sectionRange":null,"content":"Excepting in cases where the dower interest of the widow of a decedent is sold during process of administration of such decedent’s estate, in all cases where lands are sold for division among joint owners or tenants in common and where lands are taken under the power of eminent domain, and one or more persons own a dower or life interest in the whole or in an undivided interest in such lands, the court having jurisdiction of the action in which such lands are sold or taken, as aforesaid, after the proceeds are paid into court, shall, upon the sworn application of any person owning such dower interest or life interest, or any remainder or reversionary interest therein, ascertain the present value of such dower or life estate and pay to the owner of such dower or life interest in cash the value of such interest, the remainder to be paid to the reversioners or remaindermen.
","history":"(Acts 1945, No. 446, p. 684, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33811,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33061,"codeId":11897,"versionId":9572,"parentId":11891,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-191","shortTitle":"Section 35-4-191","catchLine":"Application; Notice; Guardian Ad Litem; Hearing; Costs.","title":"Section 35-4-191 Application; Notice; Guardian Ad Litem; Hearing; Costs.","sectionRange":null,"content":"(a) The application referred to in Section 35-4-190 shall set out the names and places of residence of all the persons interested in the funds in which such dower or life interest exists, stating which, if any, are infants or persons of unsound mind. If any of the parties or their places of residence are unknown, the application shall so state. The court shall set a day for the hearing of said application not less than 30 days from the date of the filing thereof, and notice thereof shall be given by the clerk, judge, or register and served on such other persons as may be interested in the funds, residing in the state, not less than 10 days prior to the hearing; and, if any are nonresidents or their names or places of residence are unknown, then service on them shall be by registered or certified mail where practicable in the same manner as now provided by law for service by registered mail, or by publication once a week for three successive weeks in some newspaper published in the county or, if none are published in the county, then in some newspaper published in an adjoining county. The hearing shall take place on the day set or on any day to which said hearing may be continued. A guardian ad litem shall be appointed to represent infants or persons of unsound mind. All costs of such proceedings, including any fee for the guardian ad litem, shall be paid out of the common fund in which the life or dower interest exists, to the end that, as nearly as may be, the life tenant shall be taxed with such proportion of such costs as his share of the common fund, when ascertained, shall bear to the whole; provided, however, that the court shall be clothed with discretion in such taxation of costs as to it may otherwise appear just and equitable.
(b) In ascertaining the value of such life interest, the court may examine witnesses touching their opinion on such value and may take into consideration the age and health of the life tenant, the earning power of the money representing the lands or the interest therein, as well as any other factor which may reasonably shed light on the inquiry. Witnesses may be examined orally or by depositions, and no notice shall be required for oral examination of such witnesses on the day set for the hearing, any rule of civil procedure or probate practice to the contrary notwithstanding.
","history":"(Acts 1945, No. 446, p. 684, §§2, 3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33812,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33062,"codeId":11903,"versionId":9577,"parentId":11891,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-192","shortTitle":"Section 35-4-192","catchLine":"Appeals.","title":"Section 35-4-192 Appeals.","sectionRange":null,"content":"Any party feeling aggrieved by the finding of the court may invoke an appeal therefrom to the Supreme Court or the Court of Civil Appeals within 30 days from the date of such order or judgment by giving security for costs to be approved in the same manner as now provided for in appealing from the judgments of the court in which such proceeding was had.
","history":"(Acts 1945, No. 446, p. 684, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33813,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33063,"codeId":11910,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8","shortTitle":"Article 8","catchLine":"Remainders and Executory Devises.","title":"Article 8 Remainders and Executory Devises.","sectionRange":"§35-4-210 to §35-4-213","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33814,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33064,"codeId":11911,"versionId":9581,"parentId":11910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-210","shortTitle":"Section 35-4-210","catchLine":"Definitions.","title":"Section 35-4-210 Definitions.","sectionRange":null,"content":"As used in this article, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates a different meaning:
(1) ESTATE IN REMAINDER. One limited to be enjoyed after another estate is determined or at a time specified in the future.
(2) ESTATE IN REVERSION. The residue of an estate, usually the fee, left in the grantor and his heirs after the determination of a particular estate which he has granted out of it.
(3) RIGHTS OF THE REVERSIONER. The same rights as those of a vested remainderman in fee.
","history":"(Code 1907, §3400; Code 1923, §6904; Code 1940, T. 47, §139.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33815,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33065,"codeId":11917,"versionId":9587,"parentId":11910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-211","shortTitle":"Section 35-4-211","catchLine":"Vested or Contingent Remainders Generally.","title":"Section 35-4-211 Vested or Contingent Remainders Generally.","sectionRange":null,"content":"Remainders are either vested or contingent. A vested remainder is one limited to a certain person at a certain time or upon the happening of a necessary event. A contingent remainder is one limited to an uncertain person or upon an event which may or may not happen.
","history":"(Code 1907, §3401; Code 1923, §6905; Code 1940, T. 47, §140.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33816,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33066,"codeId":11925,"versionId":9592,"parentId":11910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-212","shortTitle":"Section 35-4-212","catchLine":"Contingent Remainder in Lands Equivalent to Executory Devise.","title":"Section 35-4-212 Contingent Remainder in Lands Equivalent to Executory Devise.","sectionRange":null,"content":"No estate in lands can be created by way of contingent remainder; but every estate created by any will or conveyance, which might have taken effect as a contingent remainder, has the same properties and effect as an executory devise.
","history":"(Code 1852, §1301; Code 1867, §1571; Code 1876, §2180; Code 1886, §1826; Code 1896, §1022; Code 1907, §3398; Code 1923, §6902; Code 1940, T. 47, §137.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33817,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33067,"codeId":11928,"versionId":9596,"parentId":11910,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-213","shortTitle":"Section 35-4-213","catchLine":"Remainder Limited After Death Without Heirs or Issue.","title":"Section 35-4-213 Remainder Limited After Death Without Heirs or Issue.","sectionRange":null,"content":"Where a remainder in real or personal property is limited to take effect on the death of any person without heirs, or heirs of his body, or without issue, the word “heirs” or “issue” must be construed to mean heirs or issue living at the death of the person named as ancestor.
","history":"(Code 1852, §1302; Code 1867, §1572; Code 1876, §2181; Code 1886, §1827; Code 1896, §1023; Code 1907, §3399; Code 1923, §6093; Code 1940, T. 47, §138.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33818,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33068,"codeId":11935,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"9","shortTitle":"Article 9","catchLine":"Rule in Shelley’s Case.","title":"Article 9 Rule in Shelley’s Case.","sectionRange":"§35-4-230 to §35-4-232","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33819,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33069,"codeId":11936,"versionId":9602,"parentId":11935,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-230","shortTitle":"Section 35-4-230","catchLine":"Abolished.","title":"Section 35-4-230 Abolished.","sectionRange":null,"content":"Where a remainder created by a deed or will is limited to the heirs, issue, or heirs of the body of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the heirs, issue, or heirs of the body of such tenant for life are entitled to take as purchasers by virtue of the remainder so limited to them.
","history":"(Code 1852, §1304; Code 1867, §1574; Code 1876, §2183; Code 1886, §1829; Code 1896, §1025; Code 1907, §3403; Code 1923, §6907; Code 1940, T. 47, §141.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33820,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33070,"codeId":11941,"versionId":9605,"parentId":11935,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-231","shortTitle":"Section 35-4-231","catchLine":"Character of Estate Pur Autre Vie.","title":"Section 35-4-231 Character of Estate Pur Autre Vie.","sectionRange":null,"content":"An estate during the life of a third person, whether limited to his heirs or otherwise, is a freehold only during the life of the grantee or devisee; but after his death it is a chattel real.
","history":"(Code 1852, §1594; Code 1867, §1915; Code 1876, §2279; Code 1886, §1950; Code 1896, §4246; Code 1907, §3404; Code 1923, §6908; Code 1940, T. 47, §142.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33821,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33071,"codeId":11945,"versionId":9610,"parentId":11935,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-232","shortTitle":"Section 35-4-232","catchLine":"Conveyance of Greater Estate by Tenant for Life or Years Passes His Estate.","title":"Section 35-4-232 Conveyance of Greater Estate by Tenant for Life or Years Passes His Estate.","sectionRange":null,"content":"A conveyance made by a tenant for life or years, purporting to convey a greater interest than he possesses or can lawfully convey, does not work a forfeiture of his estate but passes to the grantee all the estate which the tenant could lawfully convey.
","history":"(Code 1852, §1317; Code 1867, §1587; Code 1876, §2196; Code 1886, §1842; Code 1896, §1036; Code 1907, §3405; Code 1923, §6909; Code 1940, T. 47, §143.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33822,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33072,"codeId":11952,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"10","shortTitle":"Article 10","catchLine":"Trust Estate and Uses.","title":"Article 10 Trust Estate and Uses.","sectionRange":"§35-4-250 to §35-4-260","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33823,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33073,"codeId":11955,"versionId":9618,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-250","shortTitle":"Section 35-4-250","catchLine":"Effect of Use, Trust, or Confidence for Mere Benefit of Third Persons.","title":"Section 35-4-250 Effect of Use, Trust, or Confidence for Mere Benefit of Third Persons.","sectionRange":null,"content":"No use, trust, or confidence can be declared of any land, or of any charge upon the same, for the mere benefit of third persons; and all assurances declaring any such use, trust, or confidence must be held and taken to vest the legal estate in the person or persons for whom the same is declared; and no estate or interest can vest thereby in any trustee.
","history":"(Code 1852, §1306; Code 1867, §1576; Code 1876, §2185; Code 1886, §1831; Code 1896, §1027; Code 1907, §3408; Code 1923, §6912; Code 1940, T. 47, §144.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33824,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33074,"codeId":11959,"versionId":9621,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-251","shortTitle":"Section 35-4-251","catchLine":"Trusts May Be Created for Lawful Purpose; Necessity for Legal Title to Vest in Trustees.","title":"Section 35-4-251 Trusts May Be Created for Lawful Purpose; Necessity for Legal Title to Vest in Trustees.","sectionRange":null,"content":"Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
","history":"(Code 1852, §1307; Code 1867, §1577; Code 1876, §2186; Code 1886, §1832; Code 1896, §1028; Code 1907, §3409; Code 1923, §6913; Code 1940, T. 47, §145.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33825,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33075,"codeId":11964,"versionId":9627,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-252","shortTitle":"Section 35-4-252","catchLine":"Term of Trust for Accumulation.","title":"Section 35-4-252 Term of Trust for Accumulation.","sectionRange":null,"content":"Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
","history":"(Code 1852, §1310; Code 1867, §1580; Code 1876, §2189; Code 1886, §1835; Code 1896, §1031; Code 1907, §3410; Code 1923, §6914; Code 1940, T. 47, §146.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33826,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33076,"codeId":11969,"versionId":9632,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-253","shortTitle":"Section 35-4-253","catchLine":"Application of Income for Accumulation to Support of Minor.","title":"Section 35-4-253 Application of Income for Accumulation to Support of Minor.","sectionRange":null,"content":"Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
","history":"(Code 1923, §6915; Code 1940, T. 47, §147.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33827,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33077,"codeId":11976,"versionId":9637,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-254","shortTitle":"Section 35-4-254","catchLine":"Responsibility of Payor for Payment Made to Trustee.","title":"Section 35-4-254 Responsibility of Payor for Payment Made to Trustee.","sectionRange":null,"content":"Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
","history":"(Code 1852, §1318; Code 1867, §1588; Code 1876, §2197; Code 1886, §1843; Code 1896, §1039; Code 1907, §3411; Code 1923, §6916; Code 1940, T. 47, §148.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33828,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33078,"codeId":11981,"versionId":9642,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-255","shortTitle":"Section 35-4-255","catchLine":"Trust Concerning Lands Required to Be in Writing.","title":"Section 35-4-255 Trust Concerning Lands Required to Be in Writing.","sectionRange":null,"content":"Transferred to Section 19-3B-1301 effective January 1, 2007
","history":"(Code 1852, §1320; Code 1867, §1590; Code 1876, §2199; Code 1886, §1845; Code 1896, §1041; Code 1907, §3412; Code 1923, §6917; Code 1940, T. 47, §149.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33829,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33079,"codeId":11987,"versionId":9645,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-256","shortTitle":"Section 35-4-256","catchLine":"Trust Void as to Creditors or Purchasers Without Notice.","title":"Section 35-4-256 Trust Void as to Creditors or Purchasers Without Notice.","sectionRange":null,"content":"Transferred to Section 19-3B-1302 effective January 1, 2007
","history":"(Code 1852, §1321; Code 1867, §1591; Code 1876, §2200; Code 1886, §1846; Code 1896, §1042; Code 1907, §3413; Code 1923, §6918; Code 1940, T. 47, §150.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33830,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33080,"codeId":11991,"versionId":9650,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-257","shortTitle":"Section 35-4-257","catchLine":"Recording as Notice of Trust.","title":"Section 35-4-257 Recording as Notice of Trust.","sectionRange":null,"content":"When a trust is created or declared by any such instrument in writing, the recording thereof in the county where the lands lie is equivalent to actual notice to every person claiming under a conveyance made or lien created after such recording.
","history":"(Code 1852, §1322; Code 1867, §1592; Code 1876, §2201; Code 1886, §1847; Code 1896, §1043; Code 1907, §3414; Code 1923, §6919; Code 1940, T. 47, §151.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33831,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33081,"codeId":11997,"versionId":9655,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-258","shortTitle":"Section 35-4-258","catchLine":"Trust Estate Not Descendible Upon Death of Trustee.","title":"Section 35-4-258 Trust Estate Not Descendible Upon Death of Trustee.","sectionRange":null,"content":"Transferred to Section 19-3B-1303 effective January 1, 2007
","history":"(Code 1852, §1323; Code 1867, §1593; Code 1876, §2202; Code 1886, §1848; Code 1896, §1044; Code 1907, §3415; Code 1923, §6920; Code 1940, T. 47, §152.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33832,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33082,"codeId":12003,"versionId":9661,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-259","shortTitle":"Section 35-4-259","catchLine":"Trusts for Employees or Self-Employed Persons.","title":"Section 35-4-259 Trusts for Employees or Self-Employed Persons.","sectionRange":null,"content":"Transferred to Section 19-3B-1304 effective January 1, 2007.
","history":"(Acts 1945, No. 306, p. 499; Acts 1961, No. 1014, p. 1592.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33833,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33083,"codeId":12008,"versionId":9666,"parentId":11952,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-260","shortTitle":"Section 35-4-260","catchLine":"Trusts Consisting of Insurance Policies or Proceeds.","title":"Section 35-4-260 Trusts Consisting of Insurance Policies or Proceeds.","sectionRange":null,"content":"Transferred to Section 19-3B-1305 effective January 1, 2007.
","history":"(Acts 1949, No. 265, p. 389.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33834,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33084,"codeId":12017,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"11","shortTitle":"Article 11","catchLine":"Warranties and Covenants.","title":"Article 11 Warranties and Covenants.","sectionRange":"§35-4-270 to §35-4-271","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33835,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33085,"codeId":12018,"versionId":9674,"parentId":12017,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-270","shortTitle":"Section 35-4-270","catchLine":"Warranties by Tenant for Life.","title":"Section 35-4-270 Warranties by Tenant for Life.","sectionRange":null,"content":"All warranties by any tenant for life are void as against those in remainder or reversion, and it shall not be necessary for those in remainder or reversion to bring any action or file any complaint to recover such property or set aside or limit such conveyance or declare their interest until they are entitled to such property, and no statute of limitation or repose shall operate against them until such time as they are entitled to such property.
","history":"(Code 1852, §1313; Code 1867, §1583; Code 1876, §2192; Code 1886, §1838; Code 1896, §1034; Code 1907, §3420; Code 1923, §6925; Code 1940, T. 47, §153.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33836,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33086,"codeId":12026,"versionId":9680,"parentId":12017,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-271","shortTitle":"Section 35-4-271","catchLine":"Construction of Words “Grant,” “Bargain,” or “Sell”; When Covenants of Warranty Implied.","title":"Section 35-4-271 Construction of Words “Grant,” “Bargain,” or “Sell”; When Covenants of Warranty Implied.","sectionRange":null,"content":"In all conveyances of estates in fee, the words “grant,” “bargain,” “sell,” or either of them, must be construed, unless it otherwise clearly appears from the conveyance, an express covenant to the grantee, his heirs and assigns, that the grantor was seised of an indefeasible estate in fee simple, free from incumbrances done or suffered by the grantor, except the rents and services that are reserved; and also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by the express words of such conveyance; and the grantee, his heirs, personal representatives, and assigns may, in any action, assign breaches, as if such covenants were expressly inserted.
","history":"(Code 1852, §1314; Code 1867, §1584; Code 1876, §2193; Code 1886, §1839; Code 1896, §1035; Code 1907, §3421; Code 1923, §6926; Code 1940, T. 47, §154.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33837,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33087,"codeId":12033,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"12","shortTitle":"Article 12","catchLine":"Powers.","title":"Article 12 Powers.","sectionRange":"§35-4-290 to §35-4-306","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33838,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33088,"codeId":12034,"versionId":9686,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-290","shortTitle":"Section 35-4-290","catchLine":"Reservation of Power by Grantor.","title":"Section 35-4-290 Reservation of Power by Grantor.","sectionRange":null,"content":"(a) The grantor, in any conveyance, may reserve to himself any power beneficial, or in trust, which he may lawfully grant to another.
(b) When the grantor in any conveyance reserves to himself, for his own benefit, an absolute power of revocation, such grantor must be taken as the absolute owner of the estate conveyed, as to the rights of creditors and purchasers.
","history":"(Code 1852, §§1324, 3529; Code 1867, §§1594, 1599; Code 1876, §§2203, 2208; Code 1886, §§1849, 1854; Code 1896, §§1045, 1050; Code 1907, §§3422, 3427; Code 1923, §§6927, 6932; Code 1940, T. 47, §§75, 80.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33839,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33089,"codeId":12040,"versionId":9691,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-291","shortTitle":"Section 35-4-291","catchLine":"Powers Deemed Absolute.","title":"Section 35-4-291 Powers Deemed Absolute.","sectionRange":null,"content":"Every power of disposition is deemed absolute, by means of which the donee of such power is enabled in his lifetime to dispose of the entire fee for his own benefit; and, where a general and beneficial power to devise the inheritance is given to a tenant for years or for life, it is absolute within the meaning of subsections (b) and (c) of section 35-4-292.
","history":"(Code 1852, §1328; Code 1867, §1598; Code 1876, §2207; Code 1886, §1853; Code 1896, §1049; Code 1907, §3426; Code 1923, §6981; Code 1940, T. 47, §79.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33840,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33090,"codeId":12046,"versionId":9695,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-292","shortTitle":"Section 35-4-292","catchLine":"Effect of Grant of Absolute Power.","title":"Section 35-4-292 Effect of Grant of Absolute Power.","sectionRange":null,"content":"(a) When an absolute power of disposition, not accompanied by any trust, is given to the owner of a particular estate for life or years, such estate is changed into a fee absolute, as to the rights of creditors and purchasers, but subject to any future estates limited thereon, in case the power is not executed or the lands sold for the satisfaction of debts during the continuance of such particular estate.
(b) When a like power of disposition is given to any person to whom no particular estate is limited, such person also takes a fee, subject to any future estate which may be limited thereon; but absolute in respect to creditors and purchasers.
(c) In all cases where such absolute power of disposition is given, not accompanied by any trust, and no remainder is limited on the estate of the donee of the power, he has an absolute fee.
","history":"(Code 1852, §§1325-1327; Code 1867, §§1595-1597; Code 1876, §§2204, 2206; Code 1886, §§1850-1852; Code 1896, §§1046-1048; Code 1907, §§3423-3425; Code 1923, §§6928-6930; Code 1940, T. 47, §§76-78.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33841,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33091,"codeId":12049,"versionId":9698,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-293","shortTitle":"Section 35-4-293","catchLine":"Dispositions Valid to Extent of Power.","title":"Section 35-4-293 Dispositions Valid to Extent of Power.","sectionRange":null,"content":"No disposition by virtue of a power is void on the ground that it is more extensive than was authorized by the power; but every estate or interest thus created is valid only so far as the same is embraced by the power.
","history":"(Code 1852, §1330; Code 1867, §1600; Code 1876, §2209; Code 1886, §1855; Code 1896, §1051; Code 1907, §3428; Code 1923, §6933; Code 1940, T. 47, §81.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33842,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33092,"codeId":12055,"versionId":9703,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-294","shortTitle":"Section 35-4-294","catchLine":"Power Disposing of Real Estate Required to Be in Writing.","title":"Section 35-4-294 Power Disposing of Real Estate Required to Be in Writing.","sectionRange":null,"content":"No power of disposing of real estate can be executed, except by an instrument in writing, which would be sufficient in law to pass the estate or interest intended to pass under such power if the person executing the power were the actual owner.
","history":"(Code 1852, §1331; Code 1867, §1601; Code 1876, §2210; Code 1886, §1856; Code 1896, §1052; Code 1907, §3429; Code 1923, §6934; Code 1940, T. 47, §82.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33843,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33093,"codeId":12060,"versionId":9707,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-295","shortTitle":"Section 35-4-295","catchLine":"Requirements for Disposition by Devise or Will.","title":"Section 35-4-295 Requirements for Disposition by Devise or Will.","sectionRange":null,"content":"When a power to dispose of lands is confined to a disposition by devise or will, the instrument of execution must be by will, duly executed as wills of real estate are required by law.
","history":"(Code 1852, §1332; Code 1867, §1602; Code 1876, §2211; Code 1886, §1857; Code 1896, §1053; Code 1907, §3430; Code 1923, §6935; Code 1940, T. 47, §83.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33844,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33094,"codeId":12063,"versionId":9710,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-296","shortTitle":"Section 35-4-296","catchLine":"Execution in Cases Where Instrument Specified Is Insufficient.","title":"Section 35-4-296 Execution in Cases Where Instrument Specified Is Insufficient.","sectionRange":null,"content":"When the donor of a power has directed it to be executed by an instrument not sufficient in law to pass the estate, the power is not void but may be executed by an instrument sufficient to pass such estate.
","history":"(Code 1852, §1333; Code 1867, §1603; Code 1876, §2212; Code 1886, §1858; Code 1896, §1054; Code 1907, §3431; Code 1923, §6936; Code 1940, T. 47, §84.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33845,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33095,"codeId":12068,"versionId":9714,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-297","shortTitle":"Section 35-4-297","catchLine":"Disposition By, Between, or Among Several Persons Generally.","title":"Section 35-4-297 Disposition By, Between, or Among Several Persons Generally.","sectionRange":null,"content":"When a disposition under a power is directed to be made by, between or among several persons, without specifying the sum or share to be allotted to each, all the persons designated are entitled to an equal proportion; but when the terms of the power import that the estate or fund is to be distributed between the persons so designated, in such manner or proportion as the trustee of the power may think proper, the distribution or apportionment made by such trustee cannot be impeached on the ground that it is unsubstantial, illusory, or nominal.
","history":"(Code 1852, §1334; Code 1867, §1604; Code 1876, §2213; Code 1886, §1859; Code 1896, §1055; Code 1907, §3432; Code 1923, §6937; Code 1940, T. 47, §85.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33846,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33096,"codeId":12074,"versionId":9718,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-298","shortTitle":"Section 35-4-298","catchLine":"Execution of Power Upon Death of Trustee with Right of Selection.","title":"Section 35-4-298 Execution of Power Upon Death of Trustee with Right of Selection.","sectionRange":null,"content":"If the trustee of a power, with the right of selection, dies, leaving the power unexecuted, its execution may be ordered for the equal benefit of all the persons designated as the objects of the trust.
","history":"(Code 1852, §1335; Code 1867, §1605; Code 1876, §2214; Code 1886, §1860; Code 1896, §1056; Code 1907, §3433; Code 1923, §6938; Code 1940, T. 47, §86.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33847,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33097,"codeId":12080,"versionId":9721,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-299","shortTitle":"Section 35-4-299","catchLine":"Consent of Third Persons to Execution of Power.","title":"Section 35-4-299 Consent of Third Persons to Execution of Power.","sectionRange":null,"content":"When the consent of a third person to the execution of a power is requisite, such consent must be expressed in the instrument by which the power is executed or must be certified in writing thereon; in the first case, the instrument and in the second, the writing must be signed by the party whose consent is required.
","history":"(Code 1852, §1336; Code 1867, §1606; Code 1876, §2215; Code 1886, §1861; Code 1896, §1057; Code 1907, §3434; Code 1923, §6939; Code 1940, T. 47, §87.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33848,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33098,"codeId":12086,"versionId":9724,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-300","shortTitle":"Section 35-4-300","catchLine":"Disposition to or Among Children.","title":"Section 35-4-300 Disposition to or Among Children.","sectionRange":null,"content":"When a disposition under an appointment or a power is directed to be made to or among the children of any person, without restricting it to any particular children, it may be exercised in favor of the grandchildren or other descendants of such person.
","history":"(Code 1852, §1337; Code 1867, §1607; Code 1876, §2216; Code 1886, §1862; Code 1896, §1058; Code 1907, §3435; Code 1923, §6940; Code 1940, T. 47, §88.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33849,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33099,"codeId":12089,"versionId":9728,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-301","shortTitle":"Section 35-4-301","catchLine":"Powers Irrevocable Unless Otherwise Indicated.","title":"Section 35-4-301 Powers Irrevocable Unless Otherwise Indicated.","sectionRange":null,"content":"Every power, beneficial or in trust, is irrevocable, unless an authority to revoke it is contained or reserved in the instrument creating the power.
","history":"(Code 1852, §1338; Code 1867, §1608; Code 1876, §2217; Code 1886, §1863; Code 1896, §1059; Code 1907, §3436; Code 1923, §6941; Code 1940, T. 47, §89.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33850,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33100,"codeId":12094,"versionId":9732,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-302","shortTitle":"Section 35-4-302","catchLine":"Release of Powers.","title":"Section 35-4-302 Release of Powers.","sectionRange":null,"content":"(a) Any power which is exercisable by deed, by will, by deed or will, or otherwise, whether general or special, other than a power in trust which is imperative, is releasable, either with or without consideration, by written instrument signed by the grantee and delivered as provided in this section.
(b) A power which is releasable may be released with respect to the whole or any part of the property subject to such power and may also be released in such manner as to reduce or limit the persons or objects, or classes of persons or objects, in whose favor such power would otherwise be exercisable. No release of a power shall be deemed to make imperative a power which was not imperative prior to such release unless the instrument of release expressly so provides.
(c) Such release may be delivered to any of the following:
(1) Any person specified for such purpose in the instrument creating the power.
(2) Any trustee of the property to which the power relates.
(3) Any person, other than the grantee, who could be adversely affected by an exercise of the power.
(4) The judge of probate of the county in which the grantee resides or has a place of business or in which the deed, will, or other instrument creating the power is filed, for recording as provided by law with reference to the recording of deeds.
(d) This section shall apply to releases hereafter delivered and also to releases delivered heretofore but on or after July 1, 1942.
","history":"(Acts 1945, No. 67, p. 64.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33851,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33101,"codeId":12101,"versionId":9739,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-303","shortTitle":"Section 35-4-303","catchLine":"Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal.","title":"Section 35-4-303 Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal.","sectionRange":null,"content":"Where lands are devised to one or more executors, or a naked power given by the will to sell, the survivor or survivors, where there are more than one named in the will, and the acting executor or executors, when any one or more of them dies, resigns, refuses to act, or is removed by a court of competent authority, and also an administrator with the will annexed has the same interest in and power over such lands for the purpose of making sale thereof as the executors named in such will might have had. Unless the contrary clearly appears by the terms of the will, it shall be presumed that the power or trust imposed is not a personal trust or confidence.
","history":"(Code 1852, §1339; Code 1867, §1609; Code 1876, §2218; Code 1886, §1864; Code 1896, §1060; Code 1907, §3437; Code 1923, §6942; Code 1940, T. 47, §90.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33852,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33102,"codeId":12108,"versionId":9743,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-304","shortTitle":"Section 35-4-304","catchLine":"Execution of Power by Surviving Donee.","title":"Section 35-4-304 Execution of Power by Surviving Donee.","sectionRange":null,"content":"When a power is vested in several persons and, previous to the execution, one or more of such persons dies, it may be executed by the survivor or survivors.
","history":"(Code 1852, §1340; Code 1867, §1610; Code 1876, §2219; Code 1886, §1865; Code 1896, §1061; Code 1907, §3438; Code 1923, §6943; Code 1940, T. 47, §91.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33853,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33103,"codeId":12113,"versionId":9748,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-305","shortTitle":"Section 35-4-305","catchLine":"Special and Beneficial Powers Liable to Claims of Creditors.","title":"Section 35-4-305 Special and Beneficial Powers Liable to Claims of Creditors.","sectionRange":null,"content":"Every special and beneficial power is liable to the claims of creditors, and the execution of the same may be ordered for their benefit.
","history":"(Code 1852, §1341; Code 1867, §1611; Code 1876, §2220; Code 1886, §1866; Code 1896, §1062; Code 1907, §3439; Code 1923, §6944; Code 1940, T. 47, §92.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33854,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33104,"codeId":12119,"versionId":9753,"parentId":12033,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-306","shortTitle":"Section 35-4-306","catchLine":"Article Not Extended to Simple Power of Attorney.","title":"Section 35-4-306 Article Not Extended to Simple Power of Attorney.","sectionRange":null,"content":"The provisions of this article in relation to powers do not extend to a simple power of attorney to convey lands in the name and for the benefit of the owner.
","history":"(Code 1852, §1342; Code 1867, §1612; Code 1876, §2221; Code 1886, §1867; Code 1896, §1063; Code 1907, §3440; Code 1923, §6945; Code 1940, T. 47, §93.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33855,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33105,"codeId":12132,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"13","shortTitle":"Article 13","catchLine":"Conveyances by Executors and Administrators.","title":"Article 13 Conveyances by Executors and Administrators.","sectionRange":"§35-4-320 to §35-4-323","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33856,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33106,"codeId":12134,"versionId":9763,"parentId":12132,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-320","shortTitle":"Section 35-4-320","catchLine":"Personal Representative Authorized to Make Conveyance.","title":"Section 35-4-320 Personal Representative Authorized to Make Conveyance.","sectionRange":null,"content":"In all cases of written agreements or contracts for the conveyance of lands in this state, where the person executing the same dies before the execution of the conveyance, the personal representative of such person may execute such conveyance according to the forms prescribed by law for the conveyance of real estate to the person to whom such agreement or contract was made, his heirs or assigns.
","history":"(Code 1852, §1345; Code 1867, §1615; Code 1876, §2224; Code 1886, §1871; Code 1896, §1069; Code 1907, §3441; Code 1923, §6946; Code 1940, T. 47, §36.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33857,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33107,"codeId":12139,"versionId":9767,"parentId":12132,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-321","shortTitle":"Section 35-4-321","catchLine":"Application to Compel Conveyance - Generally.","title":"Section 35-4-321 Application to Compel Conveyance - Generally.","sectionRange":null,"content":"If the personal representative refuses to execute the conveyance in the case provided for in Section 35-4-320, he may be compelled so to do by application to the judge of probate of the county in which letters testamentary or of administration were granted.
","history":"(Code 1852, §1346; Code 1867, §1616; Code 1876, §2225; Code 1886, §1872; Code 1896, §1070; Code 1907, §3442; Code 1923, §6947; Code 1940, T. 47, §37.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33858,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33108,"codeId":12145,"versionId":9772,"parentId":12132,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-322","shortTitle":"Section 35-4-322","catchLine":"Application to Compel Conveyance - Contents; Notice Generally; Decree; Appeals.","title":"Section 35-4-322 Application to Compel Conveyance - Contents; Notice Generally; Decree; Appeals.","sectionRange":null,"content":"Such application must be by petition, setting out the contract or agreement, the lands to be conveyed and stating the names of the heirs and personal representatives of the contracting party, which of them are of full age and which are minors; and the judge of probate must give notice of such petition by 20 days’ written notice to the personal representative and resident heirs of the contracting party, to be served by any sheriff and, if any one or more are nonresidents, by publication in some newspaper published in his county and in the county in which the lands lie; or, if none is published therein, the paper published in the place nearest to the county site of such county, once a week for three successive weeks; and if, on the hearing of such application, it appears that such agreement or contract was fairly made and the consideration or conditions of the same paid or performed, such judge must decree the conveyance to be executed by the personal representative of the party so contracting, according to the terms thereof; and such personal representative, failing to execute such conveyance in conformity with such decree, must be imprisoned until he executes the same; either party having the right to appeal as on other final judgments and decrees of the probate court.
","history":"(Code 1852, §1347; Code 1867, §1617; Code 1876, §2226; Code 1886, §1873; Code 1896, §1071; Code 1907, §3443; Code 1923, §6948; Code 1940, T. 47, §38.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33859,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33109,"codeId":12149,"versionId":9777,"parentId":12132,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-323","shortTitle":"Section 35-4-323","catchLine":"Application to Compel Conveyance - Notice to Guardians of Minor Heirs.","title":"Section 35-4-323 Application to Compel Conveyance - Notice to Guardians of Minor Heirs.","sectionRange":null,"content":"In all cases in which minor heirs are interested in such application, notice thereof must be given to the guardian; and, if there is no guardian, the judge must appoint a guardian ad litem to protect their interest.
","history":"(Code 1852, §1348; Code 1867, §1618; Code 1876, §2227; Code 1886, §1874; Code 1896, §1072; Code 1907, §3444; Code 1923, §6949; Code 1940, T. 47, §39.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33860,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33110,"codeId":12156,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"14","shortTitle":"Article 14","catchLine":"Conveyances by Literary or Social Societies, Etc.","title":"Article 14 Conveyances by Literary or Social Societies, Etc.","sectionRange":"§35-4-340 to §35-4-344","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33861,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33111,"codeId":12158,"versionId":9784,"parentId":12156,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-340","shortTitle":"Section 35-4-340","catchLine":"Who May Convey Title.","title":"Section 35-4-340 Who May Convey Title.","sectionRange":null,"content":"A majority of the trustees or any other authorized agent of any literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association may convey the title to all or any part of the real estate belonging to it by deed executed by a majority of the trustees or by any other authorized agent.
","history":"(Acts 1923, No. 374, p. 397; Code 1923, §6950; Code 1940, T. 47, §40.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33862,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33112,"codeId":12162,"versionId":9788,"parentId":12156,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-341","shortTitle":"Section 35-4-341","catchLine":"Meeting of Trustees; Execution of Deed.","title":"Section 35-4-341 Meeting of Trustees; Execution of Deed.","sectionRange":null,"content":"(a) Before such deed may be executed, a majority of the board of trustees of the literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association shall first recommend the execution of said deed and submit the proposition to a called meeting of the adult members of such literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association, such meeting to be assembled after 10 days’ notice of the time, place and object of such meeting, posted at the usual place of assembly and published by notice signed by a majority of such trustees in some newspaper published in the county where such literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association is situated or has its principal office; and, if a majority of the adult members present at such meeting shall vote in favor of the proposition, then a majority of the board of trustees or such agent as may be designated at such meeting shall execute a deed conveying the title to the real estate which they are authorized by such meeting to convey.
(b) A certified copy of the minutes of such meeting shall be prima facie evidence of the authority of the trustees or such other agent as may have been designated at such meeting to execute said conveyance and that a majority of the adult members were present at such meeting. Said certified copy must be made by the secretary of said meeting and attested by the chairman as a true copy, and acknowledged by them to be a true copy before some officer authorized to take acknowledgments, and said copy may be recorded in the office of the judge of probate of the county where the property is situated and, when recorded, shall be notice of the matters therein set forth and prima facie evidence thereof.
","history":"(Acts 1923, No. 374, p. 397; Code 1923, §§6951, 6952; Code 1940, T. 47, §§41, 42.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33863,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33113,"codeId":12169,"versionId":9794,"parentId":12156,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-342","shortTitle":"Section 35-4-342","catchLine":"Property Subject to Provisions of Article.","title":"Section 35-4-342 Property Subject to Provisions of Article.","sectionRange":null,"content":"The provisions of this article shall apply to the conveyance of real estate heretofore acquired or that may be hereafter acquired by such literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association.
","history":"(Acts 1923, No. 374, p. 397; Code 1923, §6953; Code 1940, T. 47, §43.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33864,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33114,"codeId":12173,"versionId":9798,"parentId":12156,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-343","shortTitle":"Section 35-4-343","catchLine":"Vendor’s Lien, Etc.","title":"Section 35-4-343 Vendor’s Lien, Etc.","sectionRange":null,"content":"Nothing in this article shall prevent any literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association from retaining a vendor’s lien on the property conveyed, nor from taking a mortgage to secure the balance of the purchase money nor from making an agreement as to the payment of the purchase money and the conditions of the sale.
","history":"(Acts 1923, No. 374, p. 397; Code 1923, §6953; Code 1940, T. 47, §43.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33865,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33115,"codeId":12178,"versionId":9800,"parentId":12156,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-344","shortTitle":"Section 35-4-344","catchLine":"Article Not Exclusive.","title":"Section 35-4-344 Article Not Exclusive.","sectionRange":null,"content":"This article shall not be construed as prescribing the exclusive way in which any literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association may convey their real estate or the manner in which they may execute conveyances.
","history":"(Acts 1923, No. 374, p. 397; Code 1923, §6953; Code 1940, T. 47, §45.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33866,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33116,"codeId":12186,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"15","shortTitle":"Article 15","catchLine":"Conveyances of Standing Timber.","title":"Article 15 Conveyances of Standing Timber.","sectionRange":"§35-4-360 to §35-4-363","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33867,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33117,"codeId":12188,"versionId":9806,"parentId":12186,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-360","shortTitle":"Section 35-4-360","catchLine":"Time for Cutting and Removal of Timber.","title":"Section 35-4-360 Time for Cutting and Removal of Timber.","sectionRange":null,"content":"(a) In all conveyances of standing timber by deed or other instrument, wherein no provision is made as to when the grantee shall cut and remove the timber, the grantee shall have 10 years in which to do so.
(b) In all conveyances of standing timber by deed or other instrument wherein it is stipulated that the grantee is to have a reasonable time in which to cut and remove the timber, 10 years shall be deemed a reasonable time.
","history":"(Acts 1919, No. 580, p. 836; Code 1923, §§6956, 6957; Code 1940, T. 47, §§46, 47.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33868,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33118,"codeId":12192,"versionId":9809,"parentId":12186,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-361","shortTitle":"Section 35-4-361","catchLine":"Right-of-Way Over Timberlands.","title":"Section 35-4-361 Right-of-Way Over Timberlands.","sectionRange":null,"content":"In all conveyances of standing timber, by deed or other instrument, containing no stipulation as to a right-of-way over and across the lands on which the timber is situated, the grantee shall have a free right-of-way over and across said lands for the purpose of cutting and removing the timber, provided he does not injure any crops growing thereon or do any unnecessary damage to the lands or timber not included in the contract.
","history":"(Acts 1919, No. 580, p. 836; Code 1923, §6958; Code 1940, T. 47, §48.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33869,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33119,"codeId":12197,"versionId":9812,"parentId":12186,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-362","shortTitle":"Section 35-4-362","catchLine":"Reversion of Title to Uncut Timber.","title":"Section 35-4-362 Reversion of Title to Uncut Timber.","sectionRange":null,"content":"In all conveyances of standing timber, by deed or other instrument, unless otherwise provided in said deed or other instrument, the title to all timber not cut and removed within 10 years from the date of the deed or other instrument conveying the same, or at the expiration of the time limit agreed upon by the parties, shall revert to the grantor or grantors.
","history":"(Acts 1919, No. 580, p. 836; Code 1923, §6959; Code 1940, T. 47, §49.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33870,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33120,"codeId":12201,"versionId":9816,"parentId":12186,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-363","shortTitle":"Section 35-4-363","catchLine":"When Standing Timber and Trees, Etc., Deemed Chattels.","title":"Section 35-4-363 When Standing Timber and Trees, Etc., Deemed Chattels.","sectionRange":null,"content":"All standing timber and trees, and cutting rights with respect thereto, while owned by or mortgaged to anyone other than the owner of the land upon which such timber or trees are located, under or by virtue of any conveyance, mortgage, or other instrument executed hereafter by the owner or owners of the entire fee simple title to the timber or trees or by the owner or owners of the full cutting rights with respect thereto shall be and shall be considered as chattels and not real property, or any interest therein, in all instances where the right or obligation to cut and remove such timber or trees is limited to a period not exceeding 10 years from the date of the conveyance, mortgage, or other instrument transferring such timber or trees, or rights with respect thereto.
","history":"(Acts 1951, No. 575, p. 1027.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33871,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33121,"codeId":12212,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"16","shortTitle":"Article 16","catchLine":"Conveyances, Etc., by Governor or State Agency or Institution.","title":"Article 16 Conveyances, Etc., by Governor or State Agency or Institution.","sectionRange":"§35-4-380 to §35-4-393","content":null,"history":null,"numChildren":13,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33872,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33122,"codeId":12215,"versionId":9823,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-380","shortTitle":"Section 35-4-380","catchLine":"Lease of Salt Springs, Etc.","title":"Section 35-4-380 Lease of Salt Springs, Etc.","sectionRange":null,"content":"(a) The Commissioner of Conservation and Natural Resources by and with the approval of the Governor may lease the salt springs and lands granted to the state under the second clause of the sixth section of the act of Congress of March 2, 1819, to the best advantage, in conformity with the provisions of the grant or any amendment thereto, and may sell the timber on said lands or any part thereof whenever he shall deem it to the best interest of the state to do so.
(b) The Commissioner of Conservation and Natural Resources, by and with the approval of the Governor, on behalf of the state, is hereby authorized to lease upon such terms as he may approve, the lands granted to the state under the second clause of the sixth section of the act of Congress of March 2, 1819, or any right or interest therein for the purpose of exploring for and mining or producing therefrom oil, gas, or other minerals.
(c) If oil, gas, or other minerals or products are mined, produced, or taken from any of the lands mentioned in subsection (a) hereof, the state’s share of such production which may accrue to it under the terms of the leases authorized in this article may be taken in kind and sold on such terms as the Commissioner of Conservation and Natural Resources may deem to be to the best interest of the state, which delivery in kind and sale shall be approved in writing by the Governor.
","history":"(Code 1852, §549; Code 1867, §621; Code 1876, §526; Code 1886, §639; Code 1896, §2695; Code 1907, §883; Acts 1919, No. 28, p. 29; Code 1923, §1494; Code 1940, T. 47, §50; Acts 1945, No. 223, p. 348.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33873,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33123,"codeId":12222,"versionId":9828,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-381","shortTitle":"Section 35-4-381","catchLine":"Sale of Right to Quarry Limestone and Clay.","title":"Section 35-4-381 Sale of Right to Quarry Limestone and Clay.","sectionRange":null,"content":"The Governor may sell the right to quarry limestone and clays necessary or proper for the manufacture of cement upon the following lands: Sections 21 and 28, township 5 N., range 2 E., or any part thereof. He may sell the said rights for such price and upon such terms as to him appear just and reasonable. The sale of such rights shall confer upon the purchaser landing privileges, all necessary rights-of-way for the purpose of quarrying the material and moving the same, and all rights and privileges which are necessary for the enjoyment of the rights granted; but the state shall retain possession of the lands and have the right to the use and enjoyment thereof for every other purpose whatever.
","history":"(Code 1907, §884; Code 1923, §1495; Code 1940, T. 47, §51.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33874,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33124,"codeId":12229,"versionId":9834,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-382","shortTitle":"Section 35-4-382","catchLine":"Validity of Conveyances by State Agencies.","title":"Section 35-4-382 Validity of Conveyances by State Agencies.","sectionRange":null,"content":"All conveyances of real estate made by any department, commission, or other agency of the state, when the legal title to any property is vested in any department, commission, or other agency of the state, shall be invalid and void unless approved in writing by the Governor on the face of such conveyance.
","history":"(Acts 1931, No. 563, p. 663; Code 1940, T. 47, §54.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33875,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33125,"codeId":12232,"versionId":9837,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-383","shortTitle":"Section 35-4-383","catchLine":"Validity of Leases, Etc., by State Agencies.","title":"Section 35-4-383 Validity of Leases, Etc., by State Agencies.","sectionRange":null,"content":"(a) All leases, contracts of exchange, or other dispositions of real estate for more than one year made by any department, commission, or other agency of the State of Alabama shall be invalid and void unless approved in writing by the Governor on the face thereof.
(b) The Governor, on behalf of the state, is hereby authorized to lease, upon such terms as he may approve, any lands or interest therein owned by the state, including lands or any right or interest therein under any navigable stream or navigable waters, bays, estuaries, lagoons, bayous or lakes, and the shores along any navigable waters to ordinary high-tide mark, and lands under navigable waters within the three-mile limit from the shore line of any county or counties in Alabama for the exploration, development, and production of oil, gas, and other minerals, or any one or more of them, on, in, and under such lands. Any lease executed under the provisions of this section may authorize the lessee to pool or unitize the lease, the lands or minerals covered thereby, or any part thereof, with other lands, leases, or mineral estates, or parts thereof, upon such terms as the Governor may approve.
(c) The Governor is hereby authorized to execute upon such terms as he may approve:
(1) Pooling or unitization agreements affecting oil, gas, and other minerals, or any one or more of them, on, in, and under lands owned by the state of Alabama so as to pool or unitize such interests in oil, gas, and other minerals, or any one or more of them, with similar interests in other lands; and
(2) Agreements amending existing leases so as to authorize the lessee to pool or unitize the lease, the lands, or minerals covered thereby, or any part thereof, with other leases, lands, or mineral estates or parts thereof.
","history":"(Acts 1931, No. 563, p. 663; Code 1940, T. 47, §55; Acts 1951, No. 639, p. 1094, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33876,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33126,"codeId":12238,"versionId":9843,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-384","shortTitle":"Section 35-4-384","catchLine":"Sale of Contingent Interests by State Institutions.","title":"Section 35-4-384 Sale of Contingent Interests by State Institutions.","sectionRange":null,"content":"Any state institution including schools, colleges, or other educational institutions which may own or be entitled to any contingent interest in any real estate situated in the State of Alabama, whether such interest is derived through a will or otherwise, is hereby authorized to sell or otherwise dispose of such contingent interest upon such terms and for such price as the managing head of such institution may deem fair and just; provided, that such sale shall be approved by the executive committee of the board of trustees, of such institution, if such institution has a board of trustees; provided further, that in the event such institution shall not have a board of trustees or there shall not be in existence an executive committee of such board of trustees, then such sale or disposition shall be approved by the Governor and the Attorney General. In the event of any such sale or disposition of any such interest, such institution is hereby authorized and empowered to execute to the purchaser a conveyance or conveyances of such interest sold or disposed of, and the said conveyance or conveyances shall be executed in the name of such institution by the presiding officer of its board of trustees, or in the name of the State of Alabama, by the Governor of Alabama; and the execution of the same shall be attested by the secretary of such board of trustees in the event the same is executed by the presiding officer of such board of trustees; or in the event that such conveyance is executed by the Governor, the same shall be attested by the Secretary of State, and the seal of the State of Alabama shall be affixed thereto.
","history":"(Acts 1927, No. 29, p. 32; Code 1940, T. 47, §56.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33877,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33127,"codeId":12244,"versionId":9847,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-385","shortTitle":"Section 35-4-385","catchLine":"Conveyance of Lands Owned by the State.","title":"Section 35-4-385 Conveyance of Lands Owned by the State.","sectionRange":null,"content":"When any department of the state, having power and authority to obtain and negotiate a sale of any lands claimed or owned by the state, shall certify to the Governor that such sale has been obtained and negotiated, that all requirements of law with respect to such sale have been complied with and such sale is concurred in by the Governor, the Governor may cause a patent to issue under the seal of the state, signed by the Governor and attested by the Secretary of State, conveying such property. The recitals contained in said conveyance shall be conclusive evidence that all requirements for the issuance thereof have been complied with.
","history":"(Code 1852, §1350; Code 1867, §1620; Code 1876, §2228; Code 1886, §1875; Code 1896, §2699; Code 1907, §888; Code 1923, §1498; Code 1940, T. 47, §57.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33878,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33128,"codeId":12250,"versionId":9851,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-386","shortTitle":"Section 35-4-386","catchLine":"Patent to Decedent Vests Title in His Successors.","title":"Section 35-4-386 Patent to Decedent Vests Title in His Successors.","sectionRange":null,"content":"Where patents for public lands have been or may be issued pursuant to any law of the State of Alabama to a person who has died before the date of such patent, the title to the land designated therein shall enure to and become vested in the heirs, devisees, or those who have succeeded to the interest of such deceased patentee as if the patent had issued to the deceased person during life.
","history":"(Acts 1961, No. 891, p. 1405.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33879,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33129,"codeId":12255,"versionId":9854,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-387","shortTitle":"Section 35-4-387","catchLine":"Recordation of Patents.","title":"Section 35-4-387 Recordation of Patents.","sectionRange":null,"content":"The Secretary of State must record, in well-bound books, all grants and patents issued by the state.
","history":"(Code 1852, §1351; Code 1867, §1621; Code 1876, §2229; Code 1886, §1876; Code 1896, §2700; Code 1907, §889; Code 1923, §1499; Code 1940, T. 47, §58.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33880,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33130,"codeId":12262,"versionId":9858,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-388","shortTitle":"Section 35-4-388","catchLine":"When Purchaser Entitled to Receive Patent.","title":"Section 35-4-388 When Purchaser Entitled to Receive Patent.","sectionRange":null,"content":"All purchasers of real property belonging to this state, their heirs and assigns, except in cases otherwise provided by this Code, are entitled to receive a patent therefor on producing to the Secretary of State a certificate signed by the State Treasurer that the amount due for such real estate has been paid into the State Treasury.
","history":"(Code 1852, §1352; Code 1867, §1622; Code 1876, §2230; Code 1886, §1877; Code 1896, §2701; Code 1907, §890; Code 1923, §1500; Code 1940, T. 47, §59.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33881,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33131,"codeId":12266,"versionId":9864,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-389","shortTitle":"Section 35-4-389","catchLine":"Patents for Swamp and Overflowed Lands.","title":"Section 35-4-389 Patents for Swamp and Overflowed Lands.","sectionRange":null,"content":"The Governor may issue patents to the purchasers of swamp and overflowed lands or lands in lieu of swamp and overflowed lands which were made prior to October 10, 1903, and which may have been patented to this state, or which may hereafter be so patented, upon satisfactory proof being made to him that such lands have been fully paid for in money or in scrip sold and transferred by him and authorized by the acts of Congress to be received in payment for such lands.
","history":"(Code 1896, §2702; Code 1907, §891; Code 1923, §1501; Code 1940, T. 47, §60.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33882,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33132,"codeId":12272,"versionId":9871,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-390","shortTitle":"Section 35-4-390","catchLine":"Prior Conveyances Ratified and Confirmed.","title":"Section 35-4-390 Prior Conveyances Ratified and Confirmed.","sectionRange":null,"content":"All conveyances of land owned or claimed by the state made by the Governor in the name of the state prior to August 17, 1924, are hereby ratified and confirmed as valid conveyances of such lands to the purchasers or grantees thereof.
","history":"(Acts 1923, No. 44, p. 26; Code 1923, §6852; Code 1940, T. 47, §61.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33883,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33133,"codeId":12277,"versionId":9876,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-391","shortTitle":"Section 35-4-391","catchLine":"Conveyances in Cases of Lost Deeds or Adverse Possession.","title":"Section 35-4-391 Conveyances in Cases of Lost Deeds or Adverse Possession.","sectionRange":null,"content":"When it is made to appear to the satisfaction of the Attorney General, by the owner or claimant of any land owned or claimed by the state, that such land has been previously conveyed by the state, and the original conveyance or a duly certified copy thereof cannot be located or obtained, or that the state has lost its interest in such land by adverse possession, a conveyance may be executed to the purchaser, owner, or claimant in the manner authorized in Section 35-4-385.
","history":"(Code 1923, §6851; Acts 1931, No. 592, p. 674; Code 1940, T. 47, §62.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33884,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33134,"codeId":12281,"versionId":9881,"parentId":12212,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-393","shortTitle":"Section 35-4-393","catchLine":"Settlement of Dispute as to Certain Property in Mobile County Conveyed to University of South Alabama Foundation by University of South Alabama.","title":"Section 35-4-393 Settlement of Dispute as to Certain Property in Mobile County Conveyed to University of South Alabama Foundation by University of South Alabama.","sectionRange":null,"content":"(a) WHEREAS, on December 13, 1982, the state issued to the university a patent to certain lands in Mobile County, herein called “the patent,” covering the following described property in Mobile County, Alabama, to wit:
Beginning at Alabama West Zone Coordinates Y = 118,606.82; X = 296,291.22 which point is on or near the intersection of the North line of Section 26, Township 8 South, Range 2 West and the East Shore line of Heron Bay, thence run North 77 degrees 54 minutes 52 seconds West a distance of 3883.84 feet to a point on the South shore line of Mon Louis Island, (Y = 119,419.98; X = 292,493.47) thence run due South a distance of 20,071.04 feet to coordinates Y = 99,348.94; X = 292,493.47 which point is in the Mississippi Sound, thence run North 79 degrees - 40 minutes - 28 seconds East a distance of 7805.85 feet to coordinates Y = 100,748.05; X = 300,172.90 which point is in the Mississippi Sound, thence run North 26 degrees - 35 minutes - 34 seconds East a distance of 4,273.18 feet to coordinates Y = 104,569.17; X = 302,085.78 which point is on the center line of Dauphin Island Bridge (Alabama Highway No. 163) at station 106 + 53.04, thence run South 67 degrees - 50 minutes - 12 seconds East a distance of 2358.05 feet to point No. L-D-3 as shown on the plat of Harbor Lines, Dauphin Island and Little Dauphin Island as recorded in Real Property Book 617, Page 610, in the Office of the Judge of Probate of Mobile County, Alabama, thence run South 53 degrees - 14 minutes - 12 seconds East along the Harbor Line of Little Dauphin Island a distance of 12,522.99 feet to coordinates Y = 96,184.54; X = 314,302.02 which point is in Mobile Bay, thence run due North a distance of 8815.46 feet to coordinates Y = 105,000.00; X = 314,302.02 which point is in Mobile Bay, thence run due West a distance of 7151.01 feet to coordinates Y = 105,000.00; X = 307,151.01 which point is in Mobile Bay, thence run due North a distance of 15,000.00 feet to coordinates Y = 120,000.00; X = 307,151.01, which point is in Mobile Bay, thence run due East a distance of 834.76 feet to coordinates Y = 120,000.00; X = 307,985.77, which point is in Mobile Bay, thence run due North a distance of 5945.61 feet to coordinates Y = 125,945.61; X = 307,985.77, which point is in Mobile Bay, thence run due West a distance of 4646.75 feet to a point on the West shore line of Mobile Bay and the East shore line of Mon Louis Island (Y = 125,945.61; X = 303,339.02) thence run Southwestwardly along the meanders of said East shore line of Mon Louis Island to coordinates Y = 120,000.00; X = 300,000.00, (chord bears South 29 degrees - 19 minutes - 06 seconds West a distance of 6819.04 feet) thence continue Southwestwardly along the meanders of the East shore line of Mon Louis Island to coordinates Y = 113,374.12; X = 298,664.12, which point is on station 11 + 69 more or less on the Northwest corner of Dauphin Island Bridge at Cedar Point (Alabama Highway No. 163) (chord bears South 11 degrees 23 minutes 56 seconds West a distance of 6759.21 feet) thence run Northwestwardly along the meanders of the West shore line of Cedar Point (Mon Louis Island) to coordinates Y = 116,364.22; X = 296,862.69 (chord bears North 31 degrees - 04 minutes - 03 seconds West a distance of 3490.82 feet) thence continue Northwestwardly along the meanders of said Cedar Point (Mon Louis Island) to the point of beginning (Y = 118,606.82; X = 296,291.22) chord bears North 14 degrees - 17 minutes - 45 seconds West a distance of 2314.27 feet) containing 7,664 acres more or less
and which lands are hereinafter referred to as “the subject property”; and
WHEREAS, by conveyance, the university on July 11, 1983, transferred and conveyed to the foundation all of its right, title, claim, or interest in the subject property arising under the patent; and
WHEREAS, the Legislature then passed an act attempting to void the patent; and
WHEREAS, the foundation then filed suit to have that act declared void as unconstitutional under the United States and Alabama Constitutions; and
WHEREAS, the state has heretofore disputed the validity of the patent, and, by reason of such dispute, the university and the foundation have heretofore commenced certain legal proceedings seeking to quiet title to the subject property in the foundation, and seeking other relief, which proceedings are presently pending in the Supreme Court of Alabama as Case No. 83-1405, and in the United States District Court for the Southern District of Alabama, Southern Division, as Cases Nos. 83-1218-H and 83-1397-H, all of which are herein sometimes called the “pending cases”; and
WHEREAS, on June 11, 1984, the Circuit Court of Montgomery County, Alabama, entered a judgment in Case No. CV 83-1242 declaring the patent to be null and void; and
WHEREAS, the foundation within the time permitted by law filed an appeal from the said judgment in the Circuit Court of Montgomery County to the Supreme Court of Alabama which such appeal (Case No. 83-1405) is presently pending before and unresolved by the Supreme Court of Alabama; and
WHEREAS, the foundation continues to claim that it is the owner of certain property rights or interests in the subject property arising from the patent, and the state continues to claim that the patent is void and of no effect; and
WHEREAS, the state has acknowledged that the decisions which may result from the said appeal, now pending before the Supreme Court of Alabama and from the two actions presently pending in the United States District Court for the Southern District of Alabama, above described, cannot presently be predicted with certainty; and
WHEREAS, the university and the foundation wish to make provision for the conclusion of all litigation relating to the validity of the patent and other issues surrounding the subject property, and to resolve all disputes relating thereto and, at the earliest possible date, to make the subject property available for leasing for the purpose of exploration for and production of oil, gas, and hydrocarbon minerals:
It is the intent of the Legislature by the adoption of this section that the State of Alabama, by and through the Governor of the state, shall forthwith conclude by settlement all pending litigation between and among the State of Alabama, the University of South Alabama, and the University of South Alabama Foundation, and all issues related thereto.
(b) As an inducement to such settlement, the University of South Alabama Foundation may be allowed to retain such a right in the subject property as will authorize it to receive, directly from any lessee thereof, a percentage of the proceeds or revenues from oil, gas, or other hydrocarbon mineral leases, bonuses, delay rentals, and royalties, which may arise from or be generated by the subject property.
(c) The Governor of the State of Alabama is hereby authorized and empowered to take all steps on behalf of the State of Alabama to conclude by settlement all pending cases involving directly or indirectly the validity of the patent, wherein the University of South Alabama, and the University of South Alabama Foundation are parties litigant, provided, however, (1) that in no case shall the foundation be allowed to retain a right in the said oil, gas, or other hydrocarbon mineral proceeds or revenues from the subject property in excess of a net of 28.5 percent, and (2) that upon such settlement, all right, title, claim, or interest in and to the subject property, under the patent, except the right herein authorized to be retained by the Foundation, shall be transferred and conveyed by the University of South Alabama and the University of South Alabama Foundation to the State of Alabama.
","history":"(Acts 1985, 2nd Ex. Sess., No. 85-795, p. 39.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33885,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33135,"codeId":12291,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"17","shortTitle":"Article 17","catchLine":"Alienation of Certain Public Improvements by Political Subdivisions of State.","title":"Article 17 Alienation of Certain Public Improvements by Political Subdivisions of State.","sectionRange":"§35-4-410 to §35-4-412","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33886,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33136,"codeId":12294,"versionId":9894,"parentId":12291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-410","shortTitle":"Section 35-4-410","catchLine":"Authorization to Alienate Public Recreational Facilities and Housing Projects.","title":"Section 35-4-410 Authorization to Alienate Public Recreational Facilities and Housing Projects.","sectionRange":null,"content":"The governing bodies of counties, cities, towns, and other subdivisions of the state shall have full power and authority to alienate public parks and playgrounds, other public recreational facilities and public housing projects on such terms as may be agreeable to them, provided such alienation is first approved by a majority of the qualified electors of the county, city, town, or subdivision affected thereby voting in a referendum election held for such purpose.
","history":"(Acts 1956, 2nd Ex. Sess., No. 103, p. 425, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33887,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33137,"codeId":12299,"versionId":9900,"parentId":12291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-411","shortTitle":"Section 35-4-411","catchLine":"Ordinance or Resolution Describing Proposed Conveyance.","title":"Section 35-4-411 Ordinance or Resolution Describing Proposed Conveyance.","sectionRange":null,"content":"When the county commission, or the council or like governing body of a city or town, or governing body of any other subdivision determines to alienate any public improvement described in Section 35-4-410, it shall adopt a resolution or ordinance to that effect, describing the nature and extent of the proposed conveyance and the minimum consideration therefor, if any. The ordinance or resolution shall be published once a week for four consecutive weeks in some newspaper published in the county, city, or town, and, if no newspaper is published therein, it may be published in a newspaper having general circulation in the county, city, or town.
","history":"(Acts 1956, 2nd Ex. Sess., No. 103, p. 425, §2; Acts 1994, No. 94-480, p. 797, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33888,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33138,"codeId":12304,"versionId":9905,"parentId":12291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-412","shortTitle":"Section 35-4-412","catchLine":"Referendum Election.","title":"Section 35-4-412 Referendum Election.","sectionRange":null,"content":"The county or municipal governing body shall provide for a referendum election to be held on the proposal made in the resolution or ordinance, and the resolution or ordinance shall be effective only in the event the proposal is approved by a majority of the qualified electors of the county, city, town or other subdivision affected thereby voting in such referendum election.
","history":"(Acts 1956, 2nd Ex. Sess., No. 103, p. 425, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33889,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33139,"codeId":41331,"versionId":null,"parentId":11476,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"18","shortTitle":"Article 18","catchLine":"Private Transfer Fees.","title":"Article 18 Private Transfer Fees.","sectionRange":"§35-4-430 to §35-4-435","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33890,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33140,"codeId":41332,"versionId":33666,"parentId":41331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-430","shortTitle":"Section 35-4-430","catchLine":"Intent.","title":"Section 35-4-430 Intent.","sectionRange":null,"content":"The Legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The Legislature further finds and declares that private transfer fee obligations violate this public policy by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on alienation regardless of the duration of the obligation to pay a private transfer fee, the amount of a private transfer fee, or the method by which any private transfer fee is created or imposed. Thus, the Legislature finds and declares that a private transfer fee obligation should not run with the title to property or otherwise bind subsequent owners of property under any common law or equitable principle.
","history":"(Act 2011-260, p. 474, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33891,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33141,"codeId":41333,"versionId":33667,"parentId":41331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-431","shortTitle":"Section 35-4-431","catchLine":"Definitions.","title":"Section 35-4-431 Definitions.","sectionRange":null,"content":"(a) As used in this article, the following words have the following meanings:
(1) ASSOCIATION. An association or unit owners’ association, as defined in Section 35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section 35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping resort interests, or other interests in real property that is responsible for the maintenance, improvements, services, or expenses related to real property that is owned, used, or enjoyed in common by the members.
(2) PAYEE. The person or entity who claims the right to receive or collect a private transfer fee payable under a private transfer obligation. A payee may or may not have a pecuniary interest in the private transfer fee obligation.
(3) PRIVATE TRANSFER FEE. A fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. The following are not private transfer fees for purposes of this article:
a. Any consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development, or sale of the property, if such additional consideration is payable on a one-time basis only and the obligation to make such payment does not bind successors in title to the property. For the purposes of this paragraph, an interest in real property may include a separate mineral estate and its appurtenant surface access rights.
b. Any commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the grantor or the grantee, including, but not limited to, any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or sale of the property.
c. Any interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including, but not limited to, any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any shared appreciation interest or profit participation or other consideration and payable to the lender in connection with the loan.
d. Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including, but not limited to, any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease.
e. Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the real property to another person.
f. Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority.
g. Any fee, charge, assessment, dues, fine, contribution, or other amount payable to a homeowners’, condominium, cooperative, mobile home, or property owners’ association pursuant to a declaration or covenant or law applicable to such association, including, but not limited to, fees or charges payable for estoppel letters or certificates issued by the association or its authorized agent.
h. Any fee, charge, assessment, dues, fine, contribution, or other amount imposed by a declaration or covenant encumbering real property, and payable solely to a nonprofit or charitable organization for the purpose of supporting cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefitting the real property subject to the declaration or covenant or the community in which such real property is located.
i. Any fee, charge, assessment, dues, fine, contribution, or other amount pertaining solely to the purchase or transfer of a club membership relating to real property owned by the member, including, but not limited to, any amount determined by reference to the value, purchase price, or other consideration given for the transfer of the real property.
(4) PRIVATE TRANSFER FEE OBLIGATION. An obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee upon a subsequent transfer of an interest in the real property.
(5) TRANSFER. The sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state.
","history":"(Act 2011-260, p. 474, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33892,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33142,"codeId":41334,"versionId":33668,"parentId":41331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-432","shortTitle":"Section 35-4-432","catchLine":"Prohibition.","title":"Section 35-4-432 Prohibition.","sectionRange":null,"content":"A private transfer fee obligation recorded or entered into in this state on or after May 25, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered into in this state on or after May 25, 2011, is void and unenforceable. This section does not create a presumption that a private transfer fee obligation recorded or entered into in this state before May 25, 2011, is valid and enforceable.
","history":"(Act 2011-260, p. 474, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33893,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33143,"codeId":41335,"versionId":33669,"parentId":41331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-433","shortTitle":"Section 35-4-433","catchLine":"Liability for Violations.","title":"Section 35-4-433 Liability for Violations.","sectionRange":null,"content":"(a) Any person who records or enters into an agreement imposing a private transfer fee obligation in his or her favor after May 25, 2011, shall be liable for:
(1) Any and all damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property, including, but not limited to, the amount of any transfer fee paid by a party to the transfer.
(2) All attorney fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title.
(b) Where an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability shall be assessed to the principal, rather than the agent.
","history":"(Act 2011-260, p. 474, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33894,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33144,"codeId":41336,"versionId":33670,"parentId":41331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-434","shortTitle":"Section 35-4-434","catchLine":"Disclosure.","title":"Section 35-4-434 Disclosure.","sectionRange":null,"content":"(a) Any contract for the sale of real property subject to a private transfer fee obligation shall include a provision disclosing the existence of that obligation, a description of the obligation, and a statement that private transfer fee obligations are subject to certain prohibitions under this article. A contract for sale of real property which does not conform to the requirements of this section is not enforceable by the seller against the buyer, nor is the buyer liable to the seller for damages under such a contract, and the buyer under the contract is entitled to the return of all deposits made in connection with the sale of the real property.
(b) Where a private transfer fee obligation is not disclosed under subsection (a) and a buyer subsequently discovers the existence of the private transfer fee obligation after title to the property has passed to the buyer, the buyer has the right to recover both:
(1) Any and all damages resulting from the failure to disclose the private transfer fee obligation, including, but not limited to, the amount of any private transfer fee paid by the buyer, or the difference between:
a. The market value of the real property if it were not subject to a private transfer fee obligation.
b. The market value of the real property as subject to a private transfer fee obligation.
(2) All attorney fees, expenses, and costs incurred by the buyer in seeking the buyer’s remedies under this subsection.
(c) Any provision in a contract for sale of real property that purports to waive the rights of a buyer under this section is void.
(d) A real estate licensee shall have no duty to discover the existence of any private transfer fee obligation.
","history":"(Act 2011-260, p. 474, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33895,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33145,"codeId":41337,"versionId":33671,"parentId":41331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4-435","shortTitle":"Section 35-4-435","catchLine":"Notice Requirements for Existing Private Transfer Fee Obligations.","title":"Section 35-4-435 Notice Requirements for Existing Private Transfer Fee Obligations.","sectionRange":null,"content":"(a) The payee of a private transfer fee obligation imposed prior to May 25, 2011, shall record, prior to December 31, 2011, against the real property subject to the private transfer fee obligation, a separate document in the office of the judge of probate for each county in which the real property is located which complies with all of the following requirements:
(1) The title of the document shall be “Notice of Private Transfer Fee Obligation” in at least 14-point boldface type.
(2) The amount, if the private transfer fee is a flat amount, or the percentage of the sales price constituting the cost of the private transfer fee, or such other basis by which the private transfer fee is to be calculated.
(3) If the real property is residential property, actual dollar-cost examples of the private transfer fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).
(4) The date or circumstances under which the private transfer fee obligation expires, if any.
(5) The purpose for which the funds from the private transfer fee obligation will be used.
(6) The name of the payee and specific contact information regarding where the funds are to be sent.
(7) The acknowledged signature of the payee, or a representative of the payee.
(8) The legal description of the real property purportedly burdened by the private transfer fee obligation.
(9) Where there is more than one person or entity who claims the right to receive or collect a private transfer fee under a private transfer fee obligation, those persons or entities shall designate a single person or entity as the payee for purposes of that private transfer fee obligation.
(b) The payee may file an amendment to the notice of private transfer fee containing new contact information, but such amendment must contain the recording information of the notice of private transfer fee which it amends and the legal description of the real property burdened by the private transfer fee obligation.
(c) If a payee fails to file the notice required under subsection (a) prior to December 31, 2011, the grantor or any real property burdened by the private transfer fee obligation may proceed with the conveyance of an interest in the real property to any grantee and in so doing shall be conclusively deemed to have acted in good faith and shall not be subject to any obligations under the private transfer fee obligation. In that event, the private transfer fee obligation is void and the real property thereafter shall be conveyed free and clear of the private transfer fee and private transfer fee obligation.
(d) If a payee fails to fully comply with subsection (a) in filing the notice required thereunder, then the grantor, on recording of an affidavit under subsection (e), may convey an interest in the real property to any grantee without payment of the private transfer fee and is not subject to any further obligations under the private transfer fee obligation. In that event, the private transfer fee obligation is void and the real property thereafter shall be conveyed free and clear of the private transfer fee and private transfer fee obligation.
(e) If the payee fails to provide a written statement of the private transfer fee payable within 30 days of the date of a written request for the same sent to the address shown in the notice of private transfer fee, then the grantor, on recording of an affidavit under subsection (f), may convey an interest in the real property to any grantee without payment of the private transfer fee and is not subject to any further obligations under the private transfer fee obligation. In that event, the private transfer fee obligation shall become null and void and the real property thereafter shall be conveyed free and clear of the private transfer fee and private transfer fee obligation.
(f) An affidavit stating the facts enumerated in subsection (g) shall be recorded in the office of the judge of probate for each county in which the real property is situated prior to or simultaneously with a conveyance pursuant to subsection (d) or (e) of real property unburdened by a private transfer fee obligation. An affidavit filed under this subsection shall state that the affiant has actual knowledge of, and is competent to testify to, the facts in the affidavit and shall include the legal description of the real property burdened by the private transfer fee obligation, the name of the person appearing by the record to be the owner of the real property at the time of the signing of the affidavit, a reference, by recording information, to the instrument of record containing the private transfer fee obligation, and an acknowledgment that the affiant is testifying under penalty of perjury.
(g) When recorded, an affidavit filed under subsection (f) is prima facie evidence that either of the following:
(1) The payee has failed to fully comply with subsection (a) in the respects stated in the affidavit.
(2) A request for the written statement of the private transfer fee was sent to the payee at the address shown on the notice of private transfer fee, and the payee failed to provide the written statement of the private transfer fee payable within 30 days of the date of the notice sent to the address shown in the notification.
","history":"(Act 2011-260, p. 474, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33896,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33146,"codeId":41373,"versionId":null,"parentId":35,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"4A","shortTitle":"Chapter 4A","catchLine":"Alabama Uniform Statutory Rule Against Perpetuities.","title":"Chapter 4A Alabama Uniform Statutory Rule Against Perpetuities.","sectionRange":"§35-4A-1 to §35-4A-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33897,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33147,"codeId":41374,"versionId":33704,"parentId":41373,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4A-1","shortTitle":"Section 35-4A-1","catchLine":"Short Title.","title":"Section 35-4A-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as the Alabama Uniform Statutory Rule Against Perpetuities.
","history":"(Act 2011-532, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33898,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33148,"codeId":41375,"versionId":33705,"parentId":41373,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4A-2","shortTitle":"Section 35-4A-2","catchLine":"Statutory Rule Against Perpetuities.","title":"Section 35-4A-2 Statutory Rule Against Perpetuities.","sectionRange":null,"content":"(a) A nonvested property interest is invalid unless:
(1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or
(2) the interest either vests or terminates within 100 years after its creation.
(b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(1) when the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or
(2) the condition precedent either is satisfied or becomes impossible to satisfy within 100 years after its creation.
(c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(1) when the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or
(2) the power is irrevocably exercised or otherwise terminates within 100 years after its creation.
(d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual’s death is disregarded.
(e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
","history":"(Act 2011-532, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33899,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33149,"codeId":41376,"versionId":33706,"parentId":41373,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4A-3","shortTitle":"Section 35-4A-3","catchLine":"When Nonvested Property Interest or Power of Appointment Created.","title":"Section 35-4A-3 When Nonvested Property Interest or Power of Appointment Created.","sectionRange":null,"content":"(a) Except as provided in subsections (b), (c), and (d) and in Section 35-4A-5, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(b) For purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in Section 35-4A-2(b) or (c), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(c) For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
(d) For purposes of this chapter, if a nongeneral or testamentary power of appointment is exercised to create another nongeneral or testamentary power of appointment, every nonvested property interest or power of appointment created through the exercise of such other nongeneral or testamentary power is considered to have been created at the time of the creation of the first nongeneral or testamentary power of appointment.
","history":"(Act 2011-532, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33900,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33150,"codeId":41377,"versionId":33707,"parentId":41373,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4A-4","shortTitle":"Section 35-4A-4","catchLine":"Reformation.","title":"Section 35-4A-4 Reformation.","sectionRange":null,"content":"Upon the petition of an interested person, a circuit court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 100 years allowed by Section 35-4A-2(a)(2), (b)(2), or (c)(2) or the 360 years allowed by Section 35-4A-5(9) if:
(1) a nonvested property interest or a power of appointment becomes invalid under Section 35-4A-2 (statutory rule against perpetuities);
(2) a class gift is not but might become invalid under Section 35-4A-2 (statutory rule against perpetuities) and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) a nonvested property interest that is not validated by Section 35-4A-2(a)(1) can vest but not within 100 years after its creation or in the case of a trust which meets the requirements of Section 35-4A-5(9), 360 years of its creation.
","history":"(Act 2011-532, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33901,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33151,"codeId":41378,"versionId":33708,"parentId":41373,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4A-5","shortTitle":"Section 35-4A-5","catchLine":"Exclusions from Statutory Rule Against Perpetuities.","title":"Section 35-4A-5 Exclusions from Statutory Rule Against Perpetuities.","sectionRange":null,"content":"Section 35-4A-2, the statutory rule against perpetuities, does not apply to:
(1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a separation or divorce settlement, (iii) a spouse’s election, (iv) a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties, (v) a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or (viii) a reciprocal transfer;
(2) a fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;
(3) a power to appoint a fiduciary;
(4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
(5) a nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
(6) a nonvested property interest in a trust or other property arrangement, which trust or other property arrangement is exclusively for the benefit of one or more charities, governments, or governmental agencies or subdivisions;
(7) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;
(8) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or
(9) a trust, (i) which on its terms does not exceed 360 years in duration, (ii) which is governed by the laws of this state, and (iii) the instrument governing which includes a power of the trustee to sell, lease, and mortgage all property held in trust.
","history":"(Act 2011-532, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33902,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33152,"codeId":41379,"versionId":33709,"parentId":41373,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4A-6","shortTitle":"Section 35-4A-6","catchLine":"Prospective Application.","title":"Section 35-4A-6 Prospective Application.","sectionRange":null,"content":"This chapter applies to a nonvested property interest or a power of appointment that is created on or after January 1, 2012. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
","history":"(Act 2011-532, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33903,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33153,"codeId":41380,"versionId":33710,"parentId":41373,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4A-7","shortTitle":"Section 35-4A-7","catchLine":"Uniformity of Application and Construction.","title":"Section 35-4A-7 Uniformity of Application and Construction.","sectionRange":null,"content":"This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
","history":"(Act 2011-532, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33904,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33154,"codeId":41381,"versionId":33711,"parentId":41373,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-4A-8","shortTitle":"Section 35-4A-8","catchLine":"Relation to Common Law.","title":"Section 35-4A-8 Relation to Common Law.","sectionRange":null,"content":"This chapter supersedes the rule of the common law known as the rule against perpetuities.
","history":"(Act 2011-532, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33905,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33155,"codeId":12409,"versionId":null,"parentId":35,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"5A","shortTitle":"Chapter 5A","catchLine":"Uniform Transfers to Minors Act.","title":"Chapter 5A Uniform Transfers to Minors Act.","sectionRange":"§35-5A-1 to §35-5A-24","content":null,"history":null,"numChildren":24,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33906,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33156,"codeId":12411,"versionId":9967,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-1","shortTitle":"Section 35-5A-1","catchLine":"Short Title.","title":"Section 35-5A-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as the “Alabama Uniform Transfers to Minors Act.”
","history":"(Acts 1986, No. 86-453, p. 819, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33907,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33157,"codeId":12419,"versionId":9971,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-2","shortTitle":"Section 35-5A-2","catchLine":"Definitions.","title":"Section 35-5A-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADULT. An individual who has attained the age of 21 years.
(2) BENEFIT PLAN. An employer’s plan for the benefit of an employee or partner, or an individual retirement account.
(3) BROKER. A person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others.
(4) CONSERVATOR. A person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions.
(5) COURT. Circuit court.
(6) CUSTODIAL PROPERTY.
a. Any interest in property transferred to a custodian under this chapter and
b. The income from and proceeds of that interest in property.
(7) CUSTODIAN. A person so designated under Section 35-5A-10 or a successor or substitute custodian designated under Section 35-5A-19.
(8) FINANCIAL INSTITUTION. A bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
(9) LEGAL REPRESENTATIVE. An individual’s personal representative or conservator.
(10) MEMBER OF THE MINOR’S FAMILY. The minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) MINOR. An individual who has not attained the age of 21 years.
(12) PERSON. An individual, corporation, organization, or other legal entity.
(13) PERSONAL REPRESENTATIVE. An executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions.
(14) STATE. Includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(15) TRANSFER. A transaction that creates custodial property under Section 35-5A-10.
(16) TRANSFEROR. A person who makes a transfer under this chapter.
(17) TRUST COMPANY. A financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
","history":"(Acts 1986, No. 86-453, p. 819, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33908,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33158,"codeId":12426,"versionId":9976,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-3","shortTitle":"Section 35-5A-3","catchLine":"Transfers and Custodians to Which Chapter Applicable; Personal Jurisdiction Over Custodian; Transfers Made Under Law of Another State.","title":"Section 35-5A-3 Transfers and Custodians to Which Chapter Applicable; Personal Jurisdiction Over Custodian; Transfers Made Under Law of Another State.","sectionRange":null,"content":"(a) This chapter applies to a transfer that refers to this chapter in the designation under section 35-5A-10(a) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state. The custodianship so created remains subject to this chapter, even though the custodian so nominated subsequently declines to serve through renunciation or resignation.
(b) A person designated as custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
","history":"(Acts 1986, No. 86-453, p. 819, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33909,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33159,"codeId":12430,"versionId":9979,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-4","shortTitle":"Section 35-5A-4","catchLine":"Nomination of Custodian.","title":"Section 35-5A-4 Nomination of Custodian.","sectionRange":null,"content":"(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for ________ (name of minor) under the Alabama Uniform Transfers to Minors Act.” The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under Section 35-5A-10(a).
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section 35-5A-10. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to Section 35-5A-10.
","history":"(Acts 1986, No. 86-453, p. 819, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33910,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33160,"codeId":12436,"versionId":9983,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-5","shortTitle":"Section 35-5A-5","catchLine":"Transfer by Gift or Exercise of Power of Appointment.","title":"Section 35-5A-5 Transfer by Gift or Exercise of Power of Appointment.","sectionRange":null,"content":"A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Section 35-5A-10.
","history":"(Acts 1986, No. 86-453, p. 819, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33911,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33161,"codeId":12442,"versionId":9989,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-6","shortTitle":"Section 35-5A-6","catchLine":"Transfer by Will or Trust.","title":"Section 35-5A-6 Transfer by Will or Trust.","sectionRange":null,"content":"(a) A personal representative or trustee may make an irrevocable transfer pursuant to Section 35-5A-10 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under Section 35-5A-4 to receive the custodial property, the transfer must be made to that person.
(c) If the testator or settlor has not nominated a custodian under Section 35-5A-4, or all persons so nominated as custodian dies before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of Section 35-5A-10.
","history":"(Acts 1986, No. 86-453, p. 819, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33912,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33162,"codeId":12446,"versionId":9992,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-7","shortTitle":"Section 35-5A-7","catchLine":"Other Transfer by Fiduciary.","title":"Section 35-5A-7 Other Transfer by Fiduciary.","sectionRange":null,"content":"(a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to Section 35-5A-10, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 35-5A-10.
(c) A transfer under subsection (a) or (b) may be made only if (1) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (3) transfers to a custodian for the benefit of a minor do not exceed $10,000 in aggregated value.
","history":"(Acts 1986, No. 86-453, p. 819, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33913,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33163,"codeId":12451,"versionId":35817,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-8","shortTitle":"Section 35-5A-8","catchLine":"Transfer by Obligor.","title":"Section 35-5A-8 Transfer by Obligor.","sectionRange":null,"content":"(a) Subject to subsections (b) and (c), a person not subject to Section 35-5A-6 or 35-5A-7 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Section 35-5A-10.
(b) If a person having the right to do so under Section 35-5A-4 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c) If no custodian has been nominated under Section 35-5A-4, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds fifty thousand dollars ($50,000) in value.
","history":"(Acts 1986, No. 86-453, p. 819, §7; Act 2013-250, p. 624, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33914,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33164,"codeId":12460,"versionId":10000,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-9","shortTitle":"Section 35-5A-9","catchLine":"Receipt and Discharge for Transfer of Custodial Property.","title":"Section 35-5A-9 Receipt and Discharge for Transfer of Custodial Property.","sectionRange":null,"content":"A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter. An acknowledgment of delivery by a custodian, who believes in good faith that the transfer does not exceed the limitations on value prescribed in Sections 35-5A-7(c) and 35-5A-8(c), is a sufficient receipt and discharge in accordance with this section, even though the values may subsequently be determined to exceed the value limitations.
","history":"(Acts 1986, No. 86-453, p. 819, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33915,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33165,"codeId":12464,"versionId":10004,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-10","shortTitle":"Section 35-5A-10","catchLine":"Manner of Creating Custodial Property and Effecting Transfer; Form of Transfer; Control of Custodial Property.","title":"Section 35-5A-10 Manner of Creating Custodial Property and Effecting Transfer; Form of Transfer; Control of Custodial Property.","sectionRange":null,"content":"(a) Custodial property is created and a transfer is made whenever:
(1) An uncertificated security or a certificated security in registered form is either:
a. Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for _____ (name of minor) under the Alabama Uniform Transfers to Minors Act”; or
b. Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b);
(2) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”;
(3) The ownership of a life or endowment insurance policy or annuity contract is either:
a. Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”; or
b. Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”;
(4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”;
(5) An interest in real property is conveyed in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”;
(6) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:
a. Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”; or
b. Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”; or
(7) An interest in any property not described in paragraphs (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b).
(b) An instrument substantially in the following form satisfies the requirements of paragraph (1)(b) and subdivision (7) of subsection (a):
“TRANSFER UNDER THE ALABAMA UNIFORM TRANSFERS TO MINORS ACT
I, ______ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to ______ (name of custodian), as custodian for ______ (name of minor) under Alabama Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).
Dated: ________
_________________”
(Signature)
___________ (name of custodian) acknowledges receipt of the property described above a custodian for the minor named above under the Alabama Uniform Transfers to Minors Act.
Dated: ________
________________
(Signature of Custodian)
(c) A transferor shall place the custodian in control of the custodial property as soon as practicable.
","history":"(Acts 1986, No. 86-453, p. 819, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33916,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33166,"codeId":12471,"versionId":10010,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-11","shortTitle":"Section 35-5A-11","catchLine":"Transfer to Be for One Minor; Only One Custodian; Single Custodianship.","title":"Section 35-5A-11 Transfer to Be for One Minor; Only One Custodian; Single Custodianship.","sectionRange":null,"content":"A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
","history":"(Acts 1986, No. 86-453, p. 819, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33917,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33167,"codeId":12475,"versionId":10014,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-12","shortTitle":"Section 35-5A-12","catchLine":"Validity of Transfer; Interest Conveyed; Rights of Custodian and Minor as to Property Transferred; Provisions of Chapter Incorporated in Transfer; Transfer Does Not Authorize Settlement or Release of Claims.","title":"Section 35-5A-12 Validity of Transfer; Interest Conveyed; Rights of Custodian and Minor as to Property Transferred; Provisions of Chapter Incorporated in Transfer; Transfer Does Not Authorize Settlement or Release of Claims.","sectionRange":null,"content":"(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(1) Failure of the transferor to comply with section 35-5A-10(c) concerning possession and control;
(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under section 35-5A-10(a); or
(3) Death or incapacity of a person nominated under section 35-5A-4 or designated under section 35-5A-10 as custodian or the disclaimer of the office by that person.
(b) A transfer made pursuant to section 35-5A-10 is irrevocable, and conveys to the minor indefeasibly vested title to the custodial property, but the custodian has the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter. Neither the minor nor the minor’s legal representative can transfer by assignment or otherwise custodial property.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
(d) Making a transfer to a custodian pursuant to this chapter does not authorize the custodian to settle or release a claim of the minor against the transferor or a third party.
","history":"(Acts 1986, No. 86-453, p. 819, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33918,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33168,"codeId":12485,"versionId":10020,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-13","shortTitle":"Section 35-5A-13","catchLine":"Powers and Duties of Custodian as to Custodial Property Generally.","title":"Section 35-5A-13 Powers and Duties of Custodian as to Custodial Property Generally.","sectionRange":null,"content":"(a) A custodian shall:
(1) Take control of custodial property;
(2) Register or record title to custodial property if appropriate; and
(3) Collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (1) the life of the minor only if the minor or the minor’s estate is the sole beneficiary, or (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor’s estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act.”
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
","history":"(Acts 1986, No. 86-453, p. 819, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33919,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33169,"codeId":12493,"versionId":10026,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-14","shortTitle":"Section 35-5A-14","catchLine":"Custodian Has Rights and Powers That Unmarried Adult Would Have as to Property.","title":"Section 35-5A-14 Custodian Has Rights and Powers That Unmarried Adult Would Have as to Property.","sectionRange":null,"content":"(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b) This section does not relieve a custodian from liability for breach of Section 35-5A-13.
","history":"(Acts 1986, No. 86-453, p. 819, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33920,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33170,"codeId":12499,"versionId":10032,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-15","shortTitle":"Section 35-5A-15","catchLine":"Delivery, Payment, or Expenditure of Custodial Property for Benefit of Minor.","title":"Section 35-5A-15 Delivery, Payment, or Expenditure of Custodial Property for Benefit of Minor.","sectionRange":null,"content":"(a) A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (1) the duty or ability of the custodian personally or of any other person to support the minor, or (2) any other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
","history":"(Acts 1986, No. 86-453, p. 819, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33921,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33171,"codeId":12504,"versionId":10036,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-16","shortTitle":"Section 35-5A-16","catchLine":"Custodian’s Expenses, Compensation, and Bond.","title":"Section 35-5A-16 Custodian’s Expenses, Compensation, and Bond.","sectionRange":null,"content":"(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.
(b) Except for one who is a transferor under Section 35-5A-5, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in subsection (f) of Section 35-5A-19, a custodian need not give a bond.
","history":"(Acts 1986, No. 86-453, p. 819, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33922,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33172,"codeId":12510,"versionId":10042,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-17","shortTitle":"Section 35-5A-17","catchLine":"Exemption of Third Person from Liability for Good Faith Dealings with Custodian.","title":"Section 35-5A-17 Exemption of Third Person from Liability for Good Faith Dealings with Custodian.","sectionRange":null,"content":"A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian’s designation;
(2) The propriety of, or the authority under this chapter for, any act of the purported custodian;
(3) The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of the minor delivered to the purported custodian.
","history":"(Acts 1986, No. 86-453, p. 819, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33923,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33173,"codeId":12516,"versionId":10047,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-18","shortTitle":"Section 35-5A-18","catchLine":"Claims Against Custodial Property; Personal Liability of Custodian and Minor.","title":"Section 35-5A-18 Claims Against Custodial Property; Personal Liability of Custodian and Minor.","sectionRange":null,"content":"(a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian is not personally liable:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
","history":"(Acts 1986, No. 86-453, p. 819, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33924,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33174,"codeId":12522,"versionId":10051,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-19","shortTitle":"Section 35-5A-19","catchLine":"Renunciation, Resignation, Death or Removal of Custodian; Designation of Successor Custodian.","title":"Section 35-5A-19 Renunciation, Resignation, Death or Removal of Custodian; Designation of Successor Custodian.","sectionRange":null,"content":"(a) A person nominated under section 35-5A-4 or designated under section 35-5A-10 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor’s legal representative or by effecting a valid disclaimer in the manner that interests in property may be disclaimed under the Alabama Uniform Disclaimer of Property Interests Act. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under section 35-5A-4, the person who made the nomination may nominate a substitute custodian under section 35-5A-4; otherwise the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under section 35-5A-10(a). The custodian so designated has the rights of a successor custodian.
(b) A custodian at any time may designate a trust company or an adult other than a transferor under section 35-5A-5 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.
(c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (b), an adult member of the minor’s family, a conservator of the minor, or a trust company. If the minor has not acted, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under subsection (a) or resigns under subsection (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f) A transferor, the legal representative of a transferor, an adult member of the minor’s family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under section 35-5A-5 or to require the custodian to give appropriate bond.
","history":"(Acts 1986, No. 86-453, p. 819, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33925,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33175,"codeId":12528,"versionId":10053,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-20","shortTitle":"Section 35-5A-20","catchLine":"Accounting by and Determining of Liability of Custodian.","title":"Section 35-5A-20 Accounting by and Determining of Liability of Custodian.","sectionRange":null,"content":"(a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court (1) for an accounting by the custodian or the custodian’s legal representative; or (2) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 35-5A-18 to which the minor or the minor’s legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
(d) If a custodian is removed under section 35-5A-19(f), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
","history":"(Acts 1986, No. 86-453, p. 819, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33926,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33176,"codeId":12534,"versionId":10057,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-21","shortTitle":"Section 35-5A-21","catchLine":"Termination of Custodianship Upon Minor’s Reaching Age 21 or Age of Majority or Upon Minor’s Death.","title":"Section 35-5A-21 Termination of Custodianship Upon Minor’s Reaching Age 21 or Age of Majority or Upon Minor’s Death.","sectionRange":null,"content":"The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of:
(1) The minor’s attainment of 21 years of age with respect to custodial property transferred under section 35-5A-5 or 35-5A-6;
(2) The minor’s attainment of majority under the laws of this state other than this chapter with respect to custodial property transferred under section 35-5A-7 or 35-5A-8; or
(3) The minor’s death.
","history":"(Acts 1986, No. 86-453, p. 819, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33927,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33177,"codeId":12538,"versionId":10060,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-22","shortTitle":"Section 35-5A-22","catchLine":"Applicability of Chapter.","title":"Section 35-5A-22 Applicability of Chapter.","sectionRange":null,"content":"This chapter applies to a transfer within the scope of section 35-5A-3 made after October 1, 1986, if:
(1) The transfer purports to have been made under the Alabama Uniform Gifts to Minors Act; or
(2) The instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this chapter is necessary to validate the transfer.
","history":"(Acts 1986, No. 86-453, p. 819, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33928,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33178,"codeId":12544,"versionId":10064,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-23","shortTitle":"Section 35-5A-23","catchLine":"Transfers Made Before and Custodianships Existing on October 1, 1986; Property Held in Custodianship Which Terminated Between July 22, 1975, and October 1, 1986, When Minor Attained Age 19.","title":"Section 35-5A-23 Transfers Made Before and Custodianships Existing on October 1, 1986; Property Held in Custodianship Which Terminated Between July 22, 1975, and October 1, 1986, When Minor Attained Age 19.","sectionRange":null,"content":"(a) Any transfer of custodial property as now defined in this chapter made before October 1, 1986, is validated notwithstanding that there was no specific authority in the Alabama Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) This chapter applies to all transfers made before October 1, 1986, in a manner and form prescribed in the Alabama Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on October 1, 1986.
(c) Sections 35-5A-2 and 35-5A-21 with respect to the age of a minor for whom custodial property is held under this chapter do not apply to custodial property held in a custodianship that terminated because of the minor’s attainment of the age of 19 after July 22, 1975, and before October 1, 1986.
","history":"(Acts 1986, No. 86-453, p. 819, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33929,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33179,"codeId":12548,"versionId":10067,"parentId":12409,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-5A-24","shortTitle":"Section 35-5A-24","catchLine":"Uniformity of Application and Construction.","title":"Section 35-5A-24 Uniformity of Application and Construction.","sectionRange":null,"content":"This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
","history":"(Acts 1986, No. 86-453, p. 819, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33930,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33180,"codeId":12574,"versionId":null,"parentId":35,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"6","shortTitle":"Chapter 6","catchLine":"Partition.","title":"Chapter 6 Partition.","sectionRange":"§35-6-1 to §35-6-126","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33931,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33181,"codeId":12575,"versionId":null,"parentId":12574,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§35-6-1 to §35-6-2","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33932,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33182,"codeId":12580,"versionId":10085,"parentId":12575,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-1","shortTitle":"Section 35-6-1","catchLine":"Deposit of Unclaimed Money in County Treasury; Payment Upon Order of Court.","title":"Section 35-6-1 Deposit of Unclaimed Money in County Treasury; Payment Upon Order of Court.","sectionRange":null,"content":"(a) When a sale of premises is made, and no person appears to claim such portion of the money as may belong to any nonresident or person whose name is unknown, the court shall require such money to be deposited in the county treasury, subject to the further order of the court. All money so required to be deposited shall be received by the county treasurer and paid upon the order of the court.
(b) When money is deposited in the county treasury under the provisions of this chapter, the person or persons entitled to the same may, at any time, apply to the court making the order of sale, and obtain an order for the same upon making satisfactory proof to the court of his or her right thereto.
","history":"(Code 1923, §§9336, 9337; Code 1940, T. 47, §§184, 185.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33933,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33183,"codeId":58779,"versionId":50741,"parentId":12575,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-2","shortTitle":"Section 35-6-2","catchLine":"Recordation of Judgment.","title":"Section 35-6-2 Recordation of Judgment.","sectionRange":null,"content":"In any judgment concerning real property under the chapter, the judgment shall be recorded in the same manner as provided under Section 6-6-544.","history":"(Act 2023-520, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33934,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33184,"codeId":12583,"versionId":null,"parentId":12574,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Partition in Circuit Court.","title":"Article 2 Partition in Circuit Court.","sectionRange":"§35-6-20 to §35-6-25","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33935,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33185,"codeId":12587,"versionId":10090,"parentId":12583,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-20","shortTitle":"Section 35-6-20","catchLine":"Jurisdiction of Circuit Court to Divide or Sell for Division.","title":"Section 35-6-20 Jurisdiction of Circuit Court to Divide or Sell for Division.","sectionRange":null,"content":"The circuit court shall have original jurisdiction to divide or partition, or sell for partition, any property, real or personal, held by joint owners or tenants in common; whether the defendant denies the title of plaintiff or sets up adverse possession or not; and the court in exercising its jurisdiction shall proceed according to the Alabama Rules of Civil Procedure and, where necessary, allow service of process by publication as prescribed therein.
","history":"(Code 1886, §3262; Code 1896, §3187; Code 1907, §5231; Acts 1909, No. 123, p. 124; Code 1923, §9331; Code 1940, T. 47, §186.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33936,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33186,"codeId":12590,"versionId":10094,"parentId":12583,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-21","shortTitle":"Section 35-6-21","catchLine":"Interpleader.","title":"Section 35-6-21 Interpleader.","sectionRange":null,"content":"During the pendency of any civil action for partition, any person claiming to be interested in the premises to be assigned or aparted may appear and answer the complaint, and assert his or her rights, by way of interpleader; and the court shall decide upon the rights of all persons appearing as aforesaid, as though they had been made parties in the first instance.
","history":"(Code 1923, §9332; Code 1940, T. 47, §187.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33937,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33187,"codeId":12598,"versionId":10099,"parentId":12583,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-22","shortTitle":"Section 35-6-22","catchLine":"Duty of Court to Declare Rights of Parties.","title":"Section 35-6-22 Duty of Court to Declare Rights of Parties.","sectionRange":null,"content":"The court shall ascertain and declare the rights, titles, and interest of all the parties to such action, the plaintiffs as well as the defendants, and shall give judgment according to the rights of the parties.
","history":"(Code 1923, §9333; Code 1940, T. 47, §188.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33938,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33188,"codeId":12602,"versionId":10103,"parentId":12583,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-23","shortTitle":"Section 35-6-23","catchLine":"Determination of Questions of Title and Adjustment of Equities.","title":"Section 35-6-23 Determination of Questions of Title and Adjustment of Equities.","sectionRange":null,"content":"(a) If the title of the plaintiffs seeking partition or sale of lands for a division shall be controverted, or should the title or claim of any of the parties to the action be adverse to that of one or more of the other parties, the question of title shall be tried and determined in the action by the circuit court, which shall have power to determine all questions of title, and to remove all clouds upon the title, if any, of the lands, whereof partition is sought and to apportion incumbrances, if partition be made of land incumbered and it be deemed proper to do so; and the court may adjust the equities between and determine all claims of the several cotenants or claimants as well as the equities and claims of the incumbrancers; and may adjust, settle, and determine all questions as to dower or curtesy as if separate proceedings had been brought to settle and determine these questions.
(b) In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among the owners, if the defendant denies the title of the plaintiff or asserts an adverse claim or title in himself, the circuit judge need not dismiss the complaint, but may direct the issue as to the title of the complainant, or as to such adverse claim or title of the defendant, to be tried as other issues of fact are triable.
","history":"(Code 1867, §3466; Code 1876, §3893; Code 1886, §3588; Code 1896, §828; Code 1907, §§3205, 5232; Acts 1920, No. 122, p. 164; Code 1923, §§6635, 9334; Code 1940, T. 47, §§189, 119.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33939,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33189,"codeId":12607,"versionId":10106,"parentId":12583,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-24","shortTitle":"Section 35-6-24","catchLine":"Partition Without Commissioners; Owelty.","title":"Section 35-6-24 Partition Without Commissioners; Owelty.","sectionRange":null,"content":"If, at the hearing, it appears that the intervention of commissioners is unnecessary to secure an equal partition in kind, or that the same can be effected by providing owelty, and that it would best promote the interest of the parties, the circuit court may order the partition and fix the amount to be paid by one or several cotenants to another or others; or this may be done on hearing the report of the commissioners.
","history":"(Code 1907, §5233; Code 1923, §9335; Code 1940, T. 47, §190.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33940,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33190,"codeId":12614,"versionId":10112,"parentId":12583,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-25","shortTitle":"Section 35-6-25","catchLine":"Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative.","title":"Section 35-6-25 Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative.","sectionRange":null,"content":"(a) When it is necessary to make any person a party defendant in any partition proceedings brought under the provisions of this article for partition sale of land, or any interest therein and the plaintiff, after exercising reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such defendant is alive at the time of the filing of the complaint, the facts showing just what diligence the plaintiff has exercised must be specifically alleged in the complaint, and such defendant may then be made a party, by publication as in the case of unknown defendants, in his name followed by the words: ” ____ and his heirs or devisees, if deceased.” If the defendant so sued does not appear in person or by attorney before expiration of the time for filing pleadings in the case, the court shall appoint a guardian ad litem to represent his interest. A valid judgment may be entered against such defendant, binding on both him and his heirs or devisees, regardless of whether it be later shown that such defendant was or was not living at the time of the filing of the complaint.
(b) This section is cumulative.
","history":"(Acts 1965, 2nd Ex. Sess., No. 100, p. 133.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33941,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33191,"codeId":12621,"versionId":null,"parentId":12574,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Partition in Probate Court.","title":"Article 3 Partition in Probate Court.","sectionRange":"§35-6-40 to §35-6-66","content":null,"history":null,"numChildren":27,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33942,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33192,"codeId":12623,"versionId":10118,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-40","shortTitle":"Section 35-6-40","catchLine":"Property Subject to Partition; by Whom Application Made.","title":"Section 35-6-40 Property Subject to Partition; by Whom Application Made.","sectionRange":null,"content":"Any property, real, personal or mixed, held by joint owners or tenants in common, may be divided among them, on the written application of one or more of them to the probate court of the county in which the property is situated; and such application may be made by the executor or administrator of a deceased person in interest, or by the guardian of a minor or person of unsound mind.
","history":"(Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161; Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33943,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33193,"codeId":12629,"versionId":10124,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-41","shortTitle":"Section 35-6-41","catchLine":"Partition of Land Lying Partly in Different Counties.","title":"Section 35-6-41 Partition of Land Lying Partly in Different Counties.","sectionRange":null,"content":"When partition is sought of a tract of land lying partly in different counties, the application may be made to the probate court of either county, and the partition shall be made at the courthouse of the county of the judge of such court; and when made, the judge of such court shall, on demand and payment of lawful fees therefor, furnish to each party in interest a certificate, under his official seal, of the lots or parcels allotted to him, and the book and page where the proceedings are recorded; and the record of such certificate in the proper office of the county in which such lots or parcels, or any part thereof, lie, shall operate as notice of its contents.
","history":"(Code 1876, §§3499, 3500; Code 1886, §3238; Code 1896, §3162; Code 1907, §5204; Code 1923, §9304; Code 1940, T. 47, §193.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33944,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33194,"codeId":12635,"versionId":10130,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-42","shortTitle":"Section 35-6-42","catchLine":"Contents of Application.","title":"Section 35-6-42 Contents of Application.","sectionRange":null,"content":"The application for division or partition must set forth the names of all the persons interested in the property, their residence, if known, whether they are over or under 19 years of age, a full and accurate description of the property sought to be divided or partitioned, the interest of each person in the same, and the number of shares into which it is to be divided.
","history":"(Code 1852, §2678; Code 1867, §3106; Code 1876, §3498; Code 1886, §3239; Code 1896, §3163; Code 1907, §5205; Code 1923, §9305; Code 1940, T. 47, §194.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33945,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33195,"codeId":12641,"versionId":10136,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-43","shortTitle":"Section 35-6-43","catchLine":"Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties.","title":"Section 35-6-43 Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties.","sectionRange":null,"content":"Upon the filing of the application, a day not less than 30 days thereafter must be appointed for hearing the same; and of the time and place of such hearing, all parties in interest must have at least 10 days’ notice; and when infants or persons of unsound mind are parties, if they have no general guardians, guardians ad litem must be appointed to represent them; and if any of the parties in interest are nonresidents, they must be made parties in the same manner, and to the same extent, as is done when property in the hands of an executor or administrator is to be divided or distributed.
","history":"(Code 1867, §3107; Code 1876, §3501; Code 1886, §3240; Code 1896, §3164; Code 1907, §5206; Code 1923, §9306; Code 1940, T. 47, §195.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33946,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33196,"codeId":12645,"versionId":10140,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-44","shortTitle":"Section 35-6-44","catchLine":"Proceedings Against Unknown Persons and Certain Other Parties Defendant.","title":"Section 35-6-44 Proceedings Against Unknown Persons and Certain Other Parties Defendant.","sectionRange":null,"content":"When it is necessary to make any persons defendant to a petition in the probate court filed for the partition of property or for a sale thereof because it cannot be equitably divided, and the names of all or any of such persons are unknown to the petitioner and cannot be ascertained on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto annexed, that the names of such persons are unknown, and that he has made diligent inquiry to ascertain the same, proceedings may be had against them without naming them; and the judge of probate must make publication as in case of nonresident defendants, describing such unknown parties as near as may be by the character in which they are sued, and with reference to their title or interest in the property sought to be partitioned or to be sold for division of the proceeds. Should petitioner, after exercising reasonable diligence be unable to locate the whereabouts, and to ascertain with certainty whether any defendant is alive at the time of the filing of the petition, the facts showing just what diligence the petitioner has exercised must be specifically alleged in the bill, and such defendant may then be made a party, by publication as in case of unknown defendants, in his name followed by the words: ” ____ and his heirs or devisees, if deceased.” If the defendant so named does not appear in person or by attorney before expiration of the time for filing pleadings, the court shall appoint a guardian ad litem to represent his interest. The shares or interest of such parties in the proceeds of any such sale shall be paid in the court under such directions as may be ordered by the court, and shall there be retained and paid out to the proper parties when ascertained.
","history":"(Code 1896, §3165; Code 1907, §5207; Code 1923, §9307; Code 1940, T. 47, §196; Acts 1965, 2nd Ex. Sess., No. 63, p. 89.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33947,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33197,"codeId":12650,"versionId":10145,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-45","shortTitle":"Section 35-6-45","catchLine":"Decree for Partition; Appointment of Commissioners; Minors’ Interests Considered.","title":"Section 35-6-45 Decree for Partition; Appointment of Commissioners; Minors’ Interests Considered.","sectionRange":null,"content":"If, upon the hearing, the court is satisfied from the proof that the property described in the application is held and owned jointly, or in common, it must decree the same to be divided or partitioned among the joint owners or tenants in common, according to their respective interests therein; and to effect such division or partition, it must appoint suitable commissioners, not more than five, any three of whom may act; but if the application is for the partition of lands, and any of the parties interested are minors, the court, before granting the application, must be satisfied by evidence taken as in actions before the circuit court that it is to the interest of such minors that the partition be made.
","history":"(Code 1867, §3108; Code 1876, §3502; Code 1886, §3241; Code 1896, §3166; Code 1907, §5208; Code 1923, §9308, Code 1940, T. 47, §197.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33948,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33198,"codeId":12652,"versionId":10147,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-46","shortTitle":"Section 35-6-46","catchLine":"Oath of Commissioners; Duties Generally.","title":"Section 35-6-46 Oath of Commissioners; Duties Generally.","sectionRange":null,"content":"The commissioners must be sworn faithfully to execute the trust reposed in them, and to make the division or partition fairly and impartially, if the same can be made; and the division or partition shall be conducted in all respects, as nearly as may be, consistently with the provisions of this article, as is done when property in the hands of an executor or administrator is to be distributed or divided; and in case of application for partition of lands, the commissioner must, after examining the lands, and a survey thereof, if necessary, proceed without delay to make division thereof into the necessary number of shares, having regard to the quality of the soil, and other advantages, so as to make the different shares as nearly equal in value as practicable; and they must make a plat and map thereof, showing the subdivisions of the lots, and numbering them progressively; and subdivisions and boundaries of the lots, and numbering them progressively; and they are authorized to employ a surveyor and chain bearers and other attendants, if necessary.
","history":"(Code 1852, §2681; Code 1867, §3109; Code 1876, §3503; Code 1886, §3242; Code 1896, §3167; Code 1907, §5209; Code 1923, §9309; Code 1940, T. 47, §198.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33949,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33199,"codeId":12657,"versionId":10150,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-47","shortTitle":"Section 35-6-47","catchLine":"Notice of Partition.","title":"Section 35-6-47 Notice of Partition.","sectionRange":null,"content":"In case of partition of lands, the commissioners must give notice, by publication in some newspaper published in the county, if there is one, or if not, in the one nearest thereto, to be made not less than three successive weeks, that they will, on a day designated, attend at the courthouse of the county to make partition.
","history":"(Code 1852, §2682; Code 1867, §3110; Code 1876, §3504; Code 1886, §3243; Code 1896, §3168; Code 1907, §5210; Code 1923, §9310; Code 1940, T. 47, §199.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33950,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33200,"codeId":12662,"versionId":10153,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-48","shortTitle":"Section 35-6-48","catchLine":"Determination and Statement by Commissioners.","title":"Section 35-6-48 Determination and Statement by Commissioners.","sectionRange":null,"content":"On the day designated, the commissioners must, in the presence of the judge of probate, determine by lot to whom each of the several parcels belongs, and make a statement in writing of the result, setting forth to whom the several parcels or lots were allotted, together with all the facts relating to the partition and allotment, which must be signed by them, and attested by the judge of probate.
","history":"(Code 1852, §2683; Code 1867, §3111; Code 1876, §3505; Code 1886, §3244; Code 1896, §3169; Code 1907, §5211; Code 1923, §9311; Code 1940, T. 47, §200.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33951,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33201,"codeId":12663,"versionId":10154,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-49","shortTitle":"Section 35-6-49","catchLine":"Filing and Recordation of Application, Etc.; Record as Evidence.","title":"Section 35-6-49 Filing and Recordation of Application, Etc.; Record as Evidence.","sectionRange":null,"content":"The application, commission, statement of the commissioners and plat and map must be filed in the office of the judge of probate, and, together with all orders made by him, must be recorded in a book kept by him for the record of conveyances of land, and when recorded, the record thereof shall be presumptive evidence of the truth of any fact therein stated.
","history":"(Code 1852, §2684; Code 1867, §3112; Code 1876, §3506; Code 1886, §3245; Code 1896, §3170; Code 1907, §5213; Code 1923, §9313; Code 1940, T. 47, §202.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33952,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33202,"codeId":12670,"versionId":10158,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-50","shortTitle":"Section 35-6-50","catchLine":"Partition Vests Title; Annulment by Circuit Court.","title":"Section 35-6-50 Partition Vests Title; Annulment by Circuit Court.","sectionRange":null,"content":"The partition so made vests a title in fee simple in the persons to whom the several shares are allotted, as fully and completely as if each had conveyed to the others; but if any fraud or undue influence be employed by any of the parties to obtain an unfair partition or allotment, such partition may be annulled by the circuit court, on a complaint filed within five years after the allotment.
","history":"(Code 1852, §2685; Code 1867, §3113; Code 1876, §3507; Code 1886, §3246; Code 1896, §3171; Code 1907, §5214; Code 1923, §9314; Code 1940, T. 47, §203.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33953,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33203,"codeId":12676,"versionId":10161,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-51","shortTitle":"Section 35-6-51","catchLine":"Effect of Partition on Liens.","title":"Section 35-6-51 Effect of Partition on Liens.","sectionRange":null,"content":"When there is a lien on an undivided interest of any of the parties, such lien, if a partition is made, is thenceforth a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien.
","history":"(Code 1852, §2686; Code 1867, §3114; Code 1876, §3508; Code 1886, §3247; Code 1896, §3172; Code 1907, §5215; Code 1923, §9315; Code 1940, T. 47, §204.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33954,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33204,"codeId":12681,"versionId":10165,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-52","shortTitle":"Section 35-6-52","catchLine":"Completion of Partition by Substitute Commissioner.","title":"Section 35-6-52 Completion of Partition by Substitute Commissioner.","sectionRange":null,"content":"If any of the commissioners die, resign or neglect or refuse to act, at any time before the final allotment, others may be substituted in their stead by the probate court, and they shall have the same power in completing such partition and allotment as if they had been originally appointed.
","history":"(Code 1852, §2687; Code 1867, §3115; Code 1876, §3509; Code 1886, §3248; Code 1896, §3173; Code 1907, §5216; Code 1923, §9316; Code 1940, T. 47, §205.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33955,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33205,"codeId":12687,"versionId":10170,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-53","shortTitle":"Section 35-6-53","catchLine":"Fees of Commissioners.","title":"Section 35-6-53 Fees of Commissioners.","sectionRange":null,"content":"The commissioners are entitled to $2.00 per day for each day while they are engaged in such partition and allotment, and all expenses they may have incurred in causing survey, map, and plat to be made, or otherwise, in the discharge of their duties.
","history":"(Code 1852, §2688; Code 1867, §3116; Code 1876, §3510; Code 1886, §3249; Code 1896, §3174; Code 1907, §5217; Code 1923, §9317; Code 1940, T. 47, §206.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33956,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33206,"codeId":12694,"versionId":10176,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-54","shortTitle":"Section 35-6-54","catchLine":"Costs and Expenses.","title":"Section 35-6-54 Costs and Expenses.","sectionRange":null,"content":"The probate court must ascertain the costs and expenses attending the division, and make a record thereof, stating distinctly each item of such costs and expenses; and if the same are not paid within 30 days after the allotment, an execution may be issued against each of the persons to whom the land was allotted, for his aliquot portion thereof, which must be directed to the sheriff, to be levied as other executions, and may be levied on the land so allotted to him.
","history":"(Code 1852, §2689; Code 1867, §3117; Code 1876, §3511; Code 1886, §3250; Code 1896, §3175; Code 1907, §5218; Code 1923, §9318; Code 1940, T. 47, §207.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33957,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33207,"codeId":12700,"versionId":10180,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-55","shortTitle":"Section 35-6-55","catchLine":"Partition Not Made When Adverse Claim or Title Asserted.","title":"Section 35-6-55 Partition Not Made When Adverse Claim or Title Asserted.","sectionRange":null,"content":"No division or partition or sale for distribution can be made under this article, in the probate court when an adverse claim or title is asserted by anyone, or brought to the knowledge of the commissioners, or of the judge of probate.
","history":"(Code 1852, §2690; Code 1867, §3118; Code 1876, §3512; Code 1886, §3251; Code 1896, §3176; Code 1907, §5220; Code 1923, §9320; Code 1940, T. 47, §208.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33958,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33208,"codeId":12704,"versionId":10185,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-56","shortTitle":"Section 35-6-56","catchLine":"Remedy Not Exclusive.","title":"Section 35-6-56 Remedy Not Exclusive.","sectionRange":null,"content":"The power conferred in this article does not prevent a resort to any other lawful mode of obtaining partition of lands.
","history":"(Code 1852, §2691; Code 1867, §3119; Code 1876, §3513; Code 1886, §3252; Code 1896, §3177; Code 1907, §5221; Code 1923, §9321; Code 1940, T. 47, §209.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33959,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33209,"codeId":12711,"versionId":10191,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-57","shortTitle":"Section 35-6-57","catchLine":"Sale Instead of Partition - When Sale Ordered.","title":"Section 35-6-57 Sale Instead of Partition - When Sale Ordered.","sectionRange":null,"content":"If, after a decree for partition and the appointment of commissioners it shall appear from the report of the commissioners, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for, and make an equitable partition as provided in this article of the land not sold.
","history":"(Code 1907, §5212; Code 1923, §9312; Code 1940, T. 47, §201.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33960,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33210,"codeId":12716,"versionId":10196,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-58","shortTitle":"Section 35-6-58","catchLine":"Sale Instead of Partition - Property Subject to Sale; by Whom Application Made; Where Sale Held; Record of Decrees.","title":"Section 35-6-58 Sale Instead of Partition - Property Subject to Sale; by Whom Application Made; Where Sale Held; Record of Decrees.","sectionRange":null,"content":"Any property, real or personal, held by joint owners or tenants in common, on the written application of any one or more of them, may be decreed to be sold by the probate court of the county in which such property is situated, or, in case of land lying in different counties, of either of such counties, whether such lands are adjacent or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding they, or any of them, are infants or persons of unsound mind, and the application may be made by the executor or administrator of a deceased person in interest, or by the guardian of a minor or person of unsound mind. Such lands shall be sold in the county where the decree is rendered, unless otherwise directed by order of the court, upon rendition of the final decree ordering such sale. The decree of sale and the decree confirming the sale shall be recorded in all counties where any of the land is situate. A certified copy of such record of these decrees shall be admissible in and prima facie evidence of their contents in all the courts of this state.
","history":"(Code 1867, §3120; Code 1876, §3514; Code 1886, §3253; Code 1896, §3178; Code 1907, §5222; Acts 1923, No. 496, p. 659; Code 1923, §9322; Code 1940, T. 47, §210.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33961,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33211,"codeId":12720,"versionId":10199,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-59","shortTitle":"Section 35-6-59","catchLine":"Sale Instead of Partition - Time for Hearing.","title":"Section 35-6-59 Sale Instead of Partition - Time for Hearing.","sectionRange":null,"content":"Upon the filing of such application, setting forth that the property cannot be equitably divided or partitioned, without a sale thereof, a day must be appointed, not less than 30 days thereafter for hearing the same.
","history":"(Code 1867, §3121; Code 1876, §3515; Code 1886, §3254; Code 1896, §3179; Code 1907, §5223; Code 1923, §9323; Code 1940, T. 47, §211.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33962,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33212,"codeId":12726,"versionId":10203,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-60","shortTitle":"Section 35-6-60","catchLine":"Sale Instead of Partition - Notice of Hearing; Guardians Ad Litem; Nonresidents as Parties.","title":"Section 35-6-60 Sale Instead of Partition - Notice of Hearing; Guardians Ad Litem; Nonresidents as Parties.","sectionRange":null,"content":"All parties in interest must have at least 10 days’ notice of the time and place set for the hearing of such application; and when infants or persons of unsound mind are parties, and have no general guardians, guardians ad litem must be appointed to represent them; and if any of the parties in interest are nonresidents, they may be made parties in the same manner, and to the same extent as is done when property in the hands of an executor or administrator is to be divided or distributed.
","history":"(Code 1867, §3122; Code 1876, §3516; Code 1886, §3255; Code 1896, §3180; Code 1907, §5224; Code 1923, §9324; Code 1940, T. 47, §212.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33963,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33213,"codeId":12732,"versionId":10209,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-61","shortTitle":"Section 35-6-61","catchLine":"Sale Instead of Partition - Evidence.","title":"Section 35-6-61 Sale Instead of Partition - Evidence.","sectionRange":null,"content":"Evidence in support of such application must be taken as in actions before the circuit court, and before granting the decree of sale the probate court must be satisfied from the evidence that an equitable division or partition cannot be made; and when the application is by the guardian of an infant or person of unsound mind, the court must be satisfied from the evidence that it would be to the interest of such infant, or person of unsound mind, to sell the property for the purpose of division or partition.
","history":"(Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225; Code 1923, §9325; Code 1940, T. 47, §213.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33964,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33214,"codeId":12739,"versionId":10215,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-62","shortTitle":"Section 35-6-62","catchLine":"Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale.","title":"Section 35-6-62 Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale.","sectionRange":null,"content":"If, upon the hearing, the court is satisfied from the proof that such property cannot be equitably divided or partitioned among the parties in interest, it must decree the same to be sold, and make and issue all such orders as may be necessary to effect the sale thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted, the purchase money collected, conveyance of the title made and all proceedings subsequent to the sale conducted in every respect as is done when property in the hands of an executor or administrator is to be distributed.
","history":"(Code 1867, §3124; Code 1876, §3518; Code 1886, §3257; Code 1896, §3182; Code 1907, §5226; Code 1923, §9326; Code 1940, T. 47, §214.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33965,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33215,"codeId":12744,"versionId":10219,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-63","shortTitle":"Section 35-6-63","catchLine":"Sale Instead of Partition - Payment and Distribution of Purchase Money.","title":"Section 35-6-63 Sale Instead of Partition - Payment and Distribution of Purchase Money.","sectionRange":null,"content":"Such commissioner may discharge himself from all liability for money received by him for the property sold, by paying over the same to the judge of probate, after deducting therefrom the costs and expenses attending the sale, including commissions to him at the same rate that executors or administrators receive for collecting, but in no case more than $100.00; and such net proceeds must be distributed by the judge of probate among the persons entitled thereto, according to their respective interests.
","history":"(Code 1867, §3125; Code 1876, §3519; Code 1886, §3258; Code 1896, §3183; Code 1907, §5227; Code 1923, §9327; Code 1940, T. 47, §215.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33966,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33216,"codeId":12751,"versionId":10224,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-64","shortTitle":"Section 35-6-64","catchLine":"Sale Instead of Partition - Completion of Sale by Substitute Commissioner.","title":"Section 35-6-64 Sale Instead of Partition - Completion of Sale by Substitute Commissioner.","sectionRange":null,"content":"If the commissioner dies, resigns or neglects or refuses to act, at any time before the sale, another may be substituted in his stead by the court, who shall have the same power in completing the sale as if originally appointed.
","history":"(Code 1886, §3259; Code 1896, §3184; Code 1907, §5228; Code 1923, §9328; Code 1940, T. 47, §216.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33967,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33217,"codeId":12758,"versionId":10228,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-65","shortTitle":"Section 35-6-65","catchLine":"Article Applicable to Executors or Administrators of Deceased Parties.","title":"Section 35-6-65 Article Applicable to Executors or Administrators of Deceased Parties.","sectionRange":null,"content":"Should any of the parties interested in property, real or personal, held by joint owners or tenants in common, die, the provisions of this article shall fully apply to his executor or administrator.
","history":"(Code 1867, §3126; Code 1876, §3520; Code 1886, §3260; Code 1896, §3185; Code 1907, §5229; Code 1923, §9329; Code 1940, T. 47, §217.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33968,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33218,"codeId":12760,"versionId":10231,"parentId":12621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-66","shortTitle":"Section 35-6-66","catchLine":"Article Not Applicable to Partition of Crops.","title":"Section 35-6-66 Article Not Applicable to Partition of Crops.","sectionRange":null,"content":"The provisions of this article are not applicable to the partition of crops.
","history":"(Code 1886, §3261; Code 1896, §3186; Code 1907, §5230; Code 1923, §9330; Code 1940, T. 47, §218.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33969,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33219,"codeId":12777,"versionId":null,"parentId":12574,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.","title":"Article 4 Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.","sectionRange":"§35-6-80 to §35-6-91","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33970,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33220,"codeId":12779,"versionId":10249,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-80","shortTitle":"Section 35-6-80","catchLine":"When and by Whom Sale Made.","title":"Section 35-6-80 When and by Whom Sale Made.","sectionRange":null,"content":"In all cases in which any person of unsound mind or any minor shall hold an interest as tenant in common with others in one or more parcels of land or realty in this state, and there shall be no valid authority to sell such interest vested in any person by the terms of any instrument under which such person of unsound mind or such minor holds such interest, and such sale shall not be prohibited or restricted by such instrument, it shall be lawful for the guardian of such minor or person of unsound mind to join the other tenants in common in selling any such parcel of land or realty for a division of proceeds thereof, such sale to be made either publicly or privately, and upon such terms as to payment and security for unpaid installments as such guardian may deem to the interest of his ward, subject, however, to such sale being set aside as provided in this article.
","history":"(Code 1907, §5253; Code 1923, §9357; Code 1940, T. 47, §219.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33971,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33221,"codeId":12784,"versionId":10253,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-81","shortTitle":"Section 35-6-81","catchLine":"Report of Sale by Guardian to Court.","title":"Section 35-6-81 Report of Sale by Guardian to Court.","sectionRange":null,"content":"Within three months after making any such sale, such guardian shall report the same under oath to the court having jurisdiction of his administration of the estate of such ward. If the whole of the share of such ward in the proceeds of such sale shall have been paid when such report is made, such fact shall be stated therein, and the guardian shall therein apply to the court for authority to make a conveyance of the interest of said ward in the lands or realty so sold to the purchaser. Such report shall set forth the name, residence, and age of such ward, and of the person in whose custody he is, and the name and residence of the adult next of kin of said ward, resident in the state and not interested in such sale; if there be more than one such next of kin of the same degree, such report must set forth the names and residences of all of them resident in this state.
","history":"(Code 1907, §5254; Code 1923, §9358; Code 1940, T. 47, §220.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33972,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33222,"codeId":12787,"versionId":10256,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-82","shortTitle":"Section 35-6-82","catchLine":"Time and Notice of Hearing.","title":"Section 35-6-82 Time and Notice of Hearing.","sectionRange":null,"content":"Upon the filing of such report the court must appoint a day for the hearing of the same, not less than 20 days from the filing thereof, and must give notice thereof to any minor whose interest has been so sold who is over 14 years of age and resident in this state, and also to the person in whose custody such ward is, if deemed by the court in the interest of such ward, and also to the adult next of kin of such ward resident in this state, not interested in such sale, or where there is more than one such next of kin of equal degree, then to such one of them as may be selected by the court. Such notice shall be given by personal citation to be served not less than 10 days before the day appointed for such hearing.
","history":"(Code 1907, §5255; Code 1923, §9359; Code 1940, T. 47, §221.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33973,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33223,"codeId":12790,"versionId":10260,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-83","shortTitle":"Section 35-6-83","catchLine":"Guardian Ad Litem.","title":"Section 35-6-83 Guardian Ad Litem.","sectionRange":null,"content":"The court must appoint a guardian ad litem to represent the interest of such ward upon such hearing, as provided by law for the appointment of guardians ad litem in such court. The person so appointed such guardian ad litem must deny in writing the allegations of such report and resist the confirmation of such sale, and, if necessary, must, with the approval of the court, employ counsel to defend the interest of the person he so represents. He is entitled to reasonable compensation, and an allowance for reasonable fees of such counsel as he may so employ, to be fixed by the court and taxed and collected as costs in the action.
","history":"(Code 1907, §5256; Code 1923, §9360; Code 1940, T. 47, §222.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33974,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33224,"codeId":12794,"versionId":10265,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-84","shortTitle":"Section 35-6-84","catchLine":"Contest by Custodian and Next of Kin.","title":"Section 35-6-84 Contest by Custodian and Next of Kin.","sectionRange":null,"content":"The person in whose custody such ward is must be cited, and the next of kin so cited may also appear at such hearing and contest the confirmation of such sale.
","history":"(Code 1907, §5257; Code 1923, §9361; Code 1940, T. 47, §223.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33975,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33225,"codeId":12800,"versionId":10268,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-85","shortTitle":"Section 35-6-85","catchLine":"Conduct of Hearing Generally; Order Confirming Sale.","title":"Section 35-6-85 Conduct of Hearing Generally; Order Confirming Sale.","sectionRange":null,"content":"On the day appointed for such hearing, or on any other day to which it may be continued the court must proceed to hear such report and the evidence for and against the confirmation of such sale. Such evidence shall be taken orally in open court at the time of the hearing or by deposition as in actions before the circuit court. If upon such hearing it shall appear to the satisfaction of the court that such sale as made is to the interest of the ward, the court shall make an order confirming the same, and, if it shall appear to the court that full payment has been made to the guardian for the interest of the minor in such sale, such order shall direct the guardian, or any other person appointed by the court, to make conveyance of the interest of the ward in the land or realty to the purchaser thereof.
","history":"(Code 1907, §5258; Code 1923, §9362; Code 1940, T. 47, §224.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33976,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33226,"codeId":12806,"versionId":10273,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-86","shortTitle":"Section 35-6-86","catchLine":"Multiple Sales.","title":"Section 35-6-86 Multiple Sales.","sectionRange":null,"content":"Two or more sales of the interest of a ward in different parcels of land or realty made under the provisions of this article may be set forth by the guardian in one report, and be embraced in the hearing of such report and the order of the court made thereupon, the court dealing with each such sale as it may deem proper.
","history":"(Code 1907, §5259; Code 1923, §9363; Code 1940, T. 47, §225.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33977,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33227,"codeId":12810,"versionId":10277,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-87","shortTitle":"Section 35-6-87","catchLine":"Report of Payment; Order for Conveyance.","title":"Section 35-6-87 Report of Payment; Order for Conveyance.","sectionRange":null,"content":"Within 30 days after receiving full payment for the interest of his ward in any land or realty so sold, such sale having been confirmed under the provisions of this article, the guardian of such ward must report such payment under oath to the court and apply for an order to make a proper conveyance of such interest to the purchaser. The court must examine such report and may also examine witnesses in relation thereto; if, upon such examination, it is satisfied that such payment has been made, it must make an order for such conveyance to be made by said guardian or by some other person, appointed by the court conveying all right, title, and interest of such ward in such land or realty at the time of such sale thereof.
","history":"(Code 1907, §5260; Code 1923, §9364; Code 1940, T. 47, §226.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33978,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33228,"codeId":12816,"versionId":10281,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-88","shortTitle":"Section 35-6-88","catchLine":"Conveyances to Be Presented to Court; Certificate; When Conveyance Vacated.","title":"Section 35-6-88 Conveyances to Be Presented to Court; Certificate; When Conveyance Vacated.","sectionRange":null,"content":"Every conveyance made under the provisions of this article shall, before delivery, be presented by the person making the same to the judge of the court ordering it to be made. If such judge is satisfied that such sale has been duly confirmed and that such conveyance is properly made, he shall indorse upon such conveyance a certificate under the seal of the court of the confirmation of the sale under which conveyance is made, and of the confirmation of the conveyance as made. Such certificate must be recorded with the conveyance and shall be prima facie evidence of the confirmation of such sale and conveyance. If the court is not satisfied as to any such conveyance it must vacate the same, ordering a proper conveyance, as to which the same proceedings shall be had as provided by this section for the original conveyance.
","history":"(Code 1907, §5261; Code 1923, §9365; Code 1940, T. 47, §227.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33979,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33229,"codeId":12822,"versionId":10286,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-89","shortTitle":"Section 35-6-89","catchLine":"Sale Void Unless to Advantage of Ward and Confirmed by Court.","title":"Section 35-6-89 Sale Void Unless to Advantage of Ward and Confirmed by Court.","sectionRange":null,"content":"(a) If, on the hearing of the report of sale by the guardian, it shall appear to the court that the sale of any parcel of land or realty therein set forth is not to the advantage of the ward whose interest is so sold, the court shall order such sale set aside, whereupon the same shall become wholly void.
(b) No sale or conveyance of lands under this article shall be valid to divest the title of the minor or person of unsound mind on whose behalf it is made, unless such sale or conveyance shall be confirmed as provided in this article.
","history":"(Code 1907, §5262; Code 1923, §9366; Code 1940, T. 47, §228.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33980,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33230,"codeId":12828,"versionId":10290,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-90","shortTitle":"Section 35-6-90","catchLine":"Limitation on Guardian’s Authority; Authority of Successor.","title":"Section 35-6-90 Limitation on Guardian’s Authority; Authority of Successor.","sectionRange":null,"content":"The authority conferred under the provisions of this article shall remain in the guardian in whom it is vested only so long as he continues as such; but his successor shall have the authority to consummate any sale made by him in accordance with such provisions.
","history":"(Code 1907, §5263; Code 1923, §9367; Code 1940, T. 47, §229.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33981,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33231,"codeId":12834,"versionId":10294,"parentId":12777,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-91","shortTitle":"Section 35-6-91","catchLine":"Provisions of Article Not Exclusive.","title":"Section 35-6-91 Provisions of Article Not Exclusive.","sectionRange":null,"content":"The provisions of this article shall not be exclusive of other modes, remedies, or proceedings for selling or partitioning the lands of minors or insane persons; but shall be construed to be cumulative or alternative remedies.
","history":"(Code 1907, §5264; Code 1923, §9368; Code 1940, T. 47, §230.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33982,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33232,"codeId":12844,"versionId":null,"parentId":12574,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4A","shortTitle":"Article 4A","catchLine":"Purchase of Interest of Joint Owner Filing for Partition.","title":"Article 4A Purchase of Interest of Joint Owner Filing for Partition.","sectionRange":"§35-6-100 to §35-6-104","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":33983,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33233,"codeId":12845,"versionId":10303,"parentId":12844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-100","shortTitle":"Section 35-6-100","catchLine":"Court to Provide for Purchase of Filing Joint Owners’ Interests; Notice by Prospective Purchasers.","title":"Section 35-6-100 Court to Provide for Purchase of Filing Joint Owners’ Interests; Notice by Prospective Purchasers.","sectionRange":null,"content":"Upon the filing of any petition for a sale for division of any property, real or personal, held by joint owners or tenants in common, the court shall provide for the purchase of the interests of the joint owners or tenants in common filing for the petition or any others named therein who agree to the sale by the other joint owners or tenants in common or any one of them. Provided that the joint owners or tenants in common interested in purchasing such interests shall notify the court of same not later than 10 days prior to the date set for trial of the case and shall be allowed to purchase whether default has been entered against them or not.
","history":"(Acts 1979, No. 79-334, p. 532, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33984,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33234,"codeId":12850,"versionId":10308,"parentId":12844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-101","shortTitle":"Section 35-6-101","catchLine":"Appointment of Appraisers; Report.","title":"Section 35-6-101 Appointment of Appraisers; Report.","sectionRange":null,"content":"In such circumstances as described in section 35-6-100, and in the event the parties cannot reach agreement as to the price, the value of the interest or interests to be sold shall be determined by one or more competent real estate appraisers or commissioners, as the court shall approve, appointed for such purpose by the court. The appraisers or commissioners appointed under this section shall make their report in writing to the court within 30 days after their appointment.
","history":"(Acts 1979, No. 79-334, p. 532, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33985,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33235,"codeId":12854,"versionId":10311,"parentId":12844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-102","shortTitle":"Section 35-6-102","catchLine":"Payment of Appraised Value into Court; Time Period; Transfer of Title.","title":"Section 35-6-102 Payment of Appraised Value into Court; Time Period; Transfer of Title.","sectionRange":null,"content":"After the report of the appraisers or commissioners, the tenants in common or joint owners seeking to purchase the interests of those filing the petition shall have 30 days to pay into the court the price set as the value of those interests to be purchased. Upon such payment and approval of same by the court, the clerk shall execute and deliver or cause to be executed and delivered the proper instruments transferring title to the purchasers.
","history":"(Acts 1979, No. 79-334, p. 532, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33986,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33236,"codeId":12858,"versionId":10313,"parentId":12844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-103","shortTitle":"Section 35-6-103","catchLine":"Effect of Failure to Pay Purchase Price.","title":"Section 35-6-103 Effect of Failure to Pay Purchase Price.","sectionRange":null,"content":"Should the joint owners or tenants in common fail to pay the purchase price as provided in section 35-6-102, the court shall proceed according to its traditional practices in such cases as described in section 35-6-100.
","history":"(Acts 1979, No. 79-334, p. 532, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33987,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":33237,"codeId":12859,"versionId":10316,"parentId":12844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"35-6-104","shortTitle":"Section 35-6-104","catchLine":"Costs of Appraisal.","title":"Section 35-6-104 Costs of Appraisal.","sectionRange":null,"content":"The costs of the appraisers or commissioners shall be taxed as a part of the cost of court to those seeking to or purchasing the interests.
","history":"(Acts 1979, No. 79-334, p. 532, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":33988,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"}]