Section 9-15-76 Binders.
Bidders on certain state land sales must submit a binder check with the bid, and a successful bidder must pay the balance within 30 days or lose the binder.
- Bid binders
- Public auction
- Real property bids
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Bidders on certain state land sales must submit a binder check with the bid, and a successful bidder must pay the balance within 30 days or lose the binder.
The entity offering property for sale must pay appraisal and contemplated sale or lease expenses, and the Lands Division must receive a reimbursement fee for its actual administration expenses.
Bids must be taken or opened publicly, and the highest bidder must be notified within 30 days if a sale or lease will be made.
If no bids are received or bids are rejected, the property may be negotiated, but it cannot be sold or leased below the highest bid or published minimum, it needs the Governor’s approval, payment must be by cashier’s check or certified check, and closing must occur within 30 days of bid acceptance notice.
Certain Alabama state departments and institutions must file land lists with the Land Agent, including related land details and improvements.
Certain department and conservation employees, and their families, are barred from bidding on the property, while other state officers and employees cannot be excluded from bidding or buying it.
Sales or leases of state real property made in violation of this article are void, and violators may face criminal prosecution and a Class C felony penalty.
This section excludes many specified real-property transactions from the article and gives some state entities and higher-education institutions limited authority to proceed under stated conditions.
Sale or lease proceeds must be deposited to the credit of the fund of the state entity that offered the real property.
The Lands Division may make rules and regulations needed to carry out this article.
The Land Agent must compile and keep a county-by-county record of certain Alabama state lands and update it as the lands change.
This article is known as the Alabama Surface Mining Act of 1969 and may be cited by that name.
The Legislature says Alabama needs stricter surface mining controls, including denying permits to operators with a pattern of willful mining-law violations and requiring highwalls to be backfilled after mining.
The director may give a written violation notice, hold a hearing, issue subpoenas, and enter an order; an operator may seek court review within 30 days and may request a stay on appeal with a supersedeas bond.
Records submitted to the regulatory authority are generally public, but the authority must keep them confidential when a verified request shows disclosure would reveal unique production or financial information or harm competitive position.
The regulatory authority must consult affected state institutions about proposed coal leases and decide whether to approve or disapprove a submitted lease within 45 days.
Certain coal-related businesses and purchasers in Alabama must report coal purchase details to the regulatory authority at least every 60 days, and the authority may inspect records at reasonable times.
Money from fees, bond forfeitures, civil penalties, or legislative appropriations must go into the Alabama Surface Mining Fund, and the regulatory authority may spend the fund for administration, enforcement, training, reclamation, and research.
The regulatory authority must try to obtain maximum reimbursement from the Director of the Office of Surface Mining Reclamation and Enforcement for costs of carrying out its duties, and it may accept, administer, and spend funds or grants it receives.
If the linked federal law or regulations are invalid, stayed, or repealed, the corresponding Alabama provisions and related rules may become void or must be suspended; Alabama also reserves its rights and powers.
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