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47,997 statutes · page 2398 of 2400
United States — Alabama legislation
20 statutes shown from 47,997 source-backed records
Commissioners, viewers, or other district officers may be removed for cause after a due hearing and on motion filed in the probate court where the district was organized.
The provision gives eminent domain power for needed land, easements, or rights-of-way for district purposes, but it does not authorize taking property or rights owned or controlled by railroads or utilities.
Specified water-management officials and related agents may enter lands in or outside the district to do surveys, examinations, or access work, but they are liable for actual damage. Blocking that entry is a misdemeanor.
The board must appoint a district engineer within 60 days after the district is established if one is needed, unless engineering services are already provided by a public agency.
If a proposed water improvement crosses a railroad right-of-way, the board must notify the railroad company in writing before adopting the plan and meet to discuss the crossing.
The board may correct or amend the water management plan, but after benefits assessments are confirmed by court, the amendment is not effective until the court approves it after a hearing.
The secretary must send a certified copy of the water management plan to probate court within 90 days, the board must file a petition to appoint viewers at the same time, and the probate court must appoint a three-person board of viewers within 30 days after the petition is filed.
The board of viewers must start its duties within 30 days after qualifying, inspect and value the relevant land and property, assess benefits and damages under the water management plan, and file a signed tabular report with probate court.
After the board of viewers’ report is filed, the probate court must set a hearing date at least 30 days later and publish notice of the hearing. Interested persons may inspect the report and file exceptions before the hearing date.
Certain district stakeholders may file exceptions before the hearing date, the court must hear them, and then either approve the report if costs stay within the 90% test or dismiss the proceedings if they do not.
The State Soil and Water Conservation Committee must cooperate with people who want to form water management districts and must aid and advise in that development.
A person aggrieved may appeal to the circuit court within 10 days after confirmation of the board of viewers’ report.
The board of water management commissioners must levy and collect a district tax to pay for proposed water management improvements, subject to percentage limits and filing/recordkeeping steps.
The board must levy and record the annual water management tax, and delinquent taxes are collected with penalties and sale of the land if unpaid.
The tax collector may accept part-payment of taxes for divided, sold, or transferred property in a water management district if the deed or transfer shows the agreed tax split and the board approves it.
County tax collectors may retain 0.5% for collecting delinquent taxes, penalties, and costs for the water management district. If a tax collector or sheriff does not promptly pay over collected tax money, a 10% penalty becomes due to the district treasurer.
Certain owners may pay the assessed tax to the district treasurer by the fixed date, and officials must record the payment as “paid in full.”
If a landowner in the district does not pay the district treasurer the full amount due within the specified time, the landowner is treated as consenting to the water management bonds and gives up defenses to taxes for the bonds, except for an appeal under this article.
The board of water management commissioners may issue district bonds, but the amount is capped and the bonds must meet timing, interest, signing, and recording requirements.
The board may sell bonds for cash, but not below 95% of par value plus accrued interest, and district funds may be deposited in board-designated depositories that must pay at least 2% interest.
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