Title 24. Dallas County, Local Provisions, Alabama Constitution

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Alabama Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIII
Local Provisions


Chapter 1

Chapter 1. Miscellaneous Provisions

RESERVED[1]

Chapter 2

Chapter 2. Courts

Article 1. Court Costs

§24-2.00. General Authority. (Amendment 233)

The legislature may from time to time, by general, special or local laws, fix, regulate, and alter the costs and charges of courts in Dallas county, and the method of disbursement thereof. (Amendment 233)

Article 2. Judges

§24-2.20. Judicial Commission; District Court Judge Vacancies. (Amendment 962)

[Section 1.] All vacancies in the Office of Judge of the District Court of Dallas County which occur subsequent to January 15, 2021, shall be filled pursuant to the provisions of this amendment.

Section 2. (a) The Dallas County Judicial Commission is created for the purpose of nominating to the Governor, persons for appointment to any vacancy in the Office of Judge of the District Court of Dallas County. The commission shall be composed of the following:

(1) Two persons who are members of the Alabama State Bar to be elected by attorneys licensed to practice law in this state who reside in Dallas County. The executive committee of the Dallas County local bar association or its successor body in the capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of the two members. The executive committee shall certify in writing to the Judge of Probate of Dallas County the names of the two persons elected.
(2) Two persons who are not members of the Alabama State Bar to be elected by the members of the Dallas County Legislative Delegation. The members of the Dallas County Legislative Delegation shall certify in writing to the Judge of Probate of Dallas County the names of the two persons elected.
(3) One judge of the Circuit Court of the Fourth Judicial Circuit to be elected by the Circuit Judges of the Fourth Judicial Circuit. The judges of the circuit court shall certify in writing to the Judge of Probate of Dallas County the name of the circuit judge elected.

(b) The Judge of Probate of Dallas County shall record all certificates of election and safely and permanently keep the original certificates. Upon receipt and recordation of each certificate, the judge of probate shall send a certified copy of the certificate to the Governor.

(c) All members of the commission, except the circuit judge, shall reside in the territorial jurisdiction of the District Court of Dallas County.

Section 3. The terms of office of all members of the commission shall be six years, except that the initial terms of office of the two members of the state bar shall be one and two years respectively, and the initial terms of office for the two members who are not members of the state bar shall be three and four years respectively, and the initial term of the circuit judge elected by the circuit judges shall be for five years. The length of each initial term of office shall be designated by the electing bodies. The terms of the initial members of the commission shall begin on January 16, 2021. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen. No member of the commission shall be eligible to serve consecutive terms.

Section 4. A member of the commission may not receive any salary or other compensation for serving as a member. A member of the commission other than the member required to be a judge of the circuit court may not hold any public office or any official position in any political party. A member of the commission is not eligible for nomination to the Governor for appointment as judge of the district court within six months of being a member of the commission.

Section 5. If, subsequent to January 15, 2021, a vacancy occurs in the Office of Judge of the District Court of Dallas County, the commission, within 60 days, shall nominate to the Governor three persons having the qualifications for the office. The nominations shall be made only by the concurrence of a majority of the members of the commission. If the commission fails to nominate three persons during the 60-day period, the names shall be selected by the Chief Justice or Acting Chief Justice of the Alabama Supreme Court within 10 days. The Governor shall appoint to the office in which the vacancy exists one of the three persons nominated. The appointee shall hold the office until a successor elected at the next general election for any state officer held at least six months after the vacancy occurs takes office. (Amendment 962)[1]

Chapter 3

Chapter 3. County Government, Finance, and Operations

RESERVED[1]

Chapter 4

Chapter 4. Economic and Industrial Development

Article 1. Economic Development

§24-4.00. Promotion of Economic and Industrial Development in Certain Counties. (Amendment 429)

For the promotion of local economic and industrial development, the governing body of Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa counties and of each municipality situated in said counties, other provisions of law or this Constitution notwithstanding, shall each have, independently or in cooperation with one or more of such governmental entities in such counties, full and continuing power (a) to purchase, lease or otherwise acquire, land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial site, or industrial park, projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas and utilities to serve said projects, and (b) to lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county, or of municipality exercising such power, all, or any part of, any such project to any person, firm or corporation, public or private, including to any industrial development board or authority heretofore or hereafter created by any such county or municipality therein, for the purpose of the constructing, or developing thereon, by such purchaser or lessees, and the equipping and operating of, industrial, transportation, distribution, warehouse or research facilities, and of office and other facilities auxiliary to the foregoing. Nothing herein shall authorize the counties named, or any municipality there, to construct residential or any other buildings for the purpose of lease or sale.

In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state. The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation. This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.

Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:

(a) The price be approved at a public meeting of the governing body of such county or municipality; and
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county's or municipality's prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses. (Amendment 429)

[Note: Amendment 759 is identical to Amendment 429. except for the addition of Baldwin County. For the text of Amendment 759, see §2-4.01.][1]

Chapter 5

Chapter 5. Education

RESERVED[1]

Chapter 6

Chapter 6. Health and Environment

RESERVED[1]

Chapter 7

Chapter 7. Gaming

RESERVED[1]

Chapter 8

Chapter 8. Officials and Employees

Article 1. Compensation

§24-8.00. Certain Public Officials. (Amendments 46 and 138)

The legislature may hereafter from time to time, by general or local laws, fix, alter and regulate the fees, commissions, percentages, allowances, and compensation to be charged or received by the judge of probate, tax assessor, tax collector, sheriff, coroner, register in chancery circuit clerk, clerk-register, and members of the court of county commissioners, board of revenue, or like governing body of Dallas county. The legislature shall also have the power and authority to place any of such officers on a salary and to provide that the fees, commissions, percentages, and allowances collected by such officers shall be paid into the county treasury from which their salaries shall be paid. The compensation of any such officer may be increased but not diminished, during the term for which he was elected or appointed, the provisions of any article or amendment of this Constitution to the contrary notwithstanding. Amendment 46 is hereby expressly repealed. The basis of compensation of all employees of Dallas county and of the above named officers heretofore fixed pursuant to authority of amendment 46 and in effect August 1, 1957, shall continue in force until otherwise fixed, altered or regulated by the legislature of Alabama by general or local laws. (Amendments 46 and 138)[1]

Chapter 9

Chapter 9. Public Safety

RESERVED[1]

Chapter 10

'Chapter 10. Taxation

RESERVED[1]

Chapter 11

Chapter 11. Zoning, Planning, and Utilities

RESERVED[1]

See also

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External links

Additional reading

Footnotes

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.