Code of Alabama - Title 9: Conservation and Natural Resources - Chapter 15 - Public Lands

• Article 1 Administration, etc., of Unused Public Lands.
• Section 9-15-1 Definitions
  As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) USED LANDS....
• Section 9-15-2 Jurisdiction and control of unused lands; recommendations as to policy generally
  The Department of Conservation and Natural Resources shall have jurisdiction over and control of all unused lands, so long as they remain such, and shall...
• Section 9-15-3 Determination and listing of unused lands suitable for devotion to forest culture; use of same as state forests or state parks
  It shall be the duty of the Department of Conservation and Natural Resources as to all unused lands owned absolutely by the state to determine...
• Section 9-15-4 Concentration of ownership of scattered state owned lands
  The Department of Conservation and Natural Resources shall, where any of the lands of the state or of any institution of the state are scattered,...
• Section 9-15-5 Duties of department to be performed without prejudice, etc., to rights of trust beneficiaries or state institutions; department to act as technical advisor
  The duties and powers placed upon and vested in the Department of Conservation and Natural Resources by this article are to be exercised in subordination...
• Section 9-15-6 Ascertainment of description and location of lands owned or held in trust by state, state institutions, etc.; classification of lands and preparation of records of ownership
  It shall be the duty of the Department of Conservation and Natural Resources to ascertain the description and location of all lands to which the...
• Section 9-15-7 Disposition of records generally
  Said records shall be prepared and kept in duplicate, one copy of each of said records being kept in the files of the state Department...
• Section 9-15-8 Filing of lists of used and unused lands by state departments and institutions; filing of lists of improvements made on said lands; disposition of lists
  It shall be the duty of each state department or institution of the State of Alabama which holds the legal title to or any interest...
• Section 9-15-9 Preparation and disposition of records showing ownership, general character, disposition, etc., of used and unused lands
  Upon the filing of the list required to be filed by Section 9-15-8, the Land Agent, Department of Conservation and Natural Resources, shall cause a...
• Section 9-15-10 Notice, etc., of change in status, disposition or acquisition of used and unused lands
  (a) If at any future time any institution or department of the State of Alabama shall deem it advisable to make use of any unused...
• Section 9-15-11 Preparation of county maps showing ownership and location of lands owned by state institutions or departments
  It shall be the duty of the Land Agent, Department of Conservation and Natural Resources, to cause maps of each county of the State of...
• Section 9-15-12 Preparation of lists of lands owned by state, state institutions, etc., for county tax assessors; notice of acquisition or disposition of lands
  The Land Agent, Department of Conservation and Natural Resources, upon completion of records covering used lands and unused lands of the State of Alabama and...
• Section 9-15-13 Acquisition of lands to which state entitled; recordation of same
  It shall be the duty of the Department of Conservation and Natural Resources to ascertain what, if any, lands the state or any institution thereof...
• Section 9-15-14 Duty to determine best use for which unused lands may be adapted; use of same for purpose for which suited
  It shall be the duty of the Department of Conservation and Natural Resources as to all unused lands owned by the State of Alabama or...
• Section 9-15-15 Disposition of revenues from unused lands managed by department; charges for administration, protection, mapping, etc
  Any revenues that shall accrue from the lands so managed by the Department of Conservation and Natural Resources subject to costs of administration shall be...
• Section 9-15-16 Maximum amount for charges for administration, etc., of lands
  In no case shall the charges for administering, managing, protecting, or developing the lands exceed 10 percent of the gross income derived from the lands.
• Section 9-15-17 Fund for management, etc., of unused lands
  All funds which shall be retained by the Commissioner of Conservation and Natural Resources as charges against the income from any lands administered by the...
• Section 9-15-18 Sale of timber, minerals, etc., from lands; lease, exchange or sale of lands, etc
  The Commissioner of Conservation and Natural Resources is hereby empowered to sell or cause to be sold timber or minerals or other natural resources from...
• Section 9-15-19 Effect of article on local laws, etc., governing ownership, management, etc., of lands in counties
  This article and its provisions shall in nowise affect any local law or general law of local application governing ownership, management or control of lands...
• Article 2 Administration of School Lands, Swamp and Overflowed Lands, etc.
• Section 9-15-30 Title to swamp and overflowed lands and swamp and overflowed indemnity lands patented to state by federal government; utilization, disposition, etc., of same generally
  (a) Title to all lands of the swamp and overflowed category or swamp and overflowed indemnity lands, which are, subsequent to September 5, 1951, patented...
• Section 9-15-31 Management and supervision of school lands, swamp and overflowed lands, etc
  The Commissioner of Conservation and Natural Resources is hereby expressly authorized and empowered to have complete management of, and supervision over lands which are known...
• Section 9-15-32 Land clerk - Qualifications and appointment
  The Commissioner of Conservation and Natural Resources shall appoint a land clerk, with the approval of the Governor, who has had experience in dealing with...
• Section 9-15-33 Land clerk - Examination, etc., of lands
  Whenever in the judgment of the Governor or the Commissioner of Conservation and Natural Resources it is proper that any of the lands described in...
• Section 9-15-34 Institution, etc., of practice of forestry and enforcement of state fire and trespass laws - School lands
  The Commissioner of Conservation and Natural Resources is hereby empowered to have forestry practiced upon school lands, to supervise and inaugurate sound practices of forestry...
• Section 9-15-35 Institution, etc., of practice of forestry and enforcement of state fire and trespass laws - Swamp and overflowed lands
  The Commissioner of Conservation and Natural Resources is hereby empowered to have forestry practiced upon swamp and overflowed lands, to supervise and inaugurate sound practices...
• Section 9-15-36 Leasing of school lands
  With the approval of the Governor, the Commissioner of Conservation and Natural Resources is hereby authorized to rent or lease school lands upon such terms...
• Section 9-15-37 Institution of civil actions to clear title to school lands, etc.; cruising of timber, surveying of lands, investigation of claims to lands, etc
  The Commissioner of Conservation and Natural Resources is hereby authorized and empowered to present civil actions in the name of the State of Alabama to...
• Section 9-15-38 Sales of timber or minerals from school or swamp and overflowed lands
  The Commissioner of Conservation and Natural Resources may sell or cause to be sold timber from school lands, swamp and overflowed lands, and other lands...
• Section 9-15-39 Disposition of revenues from sales of timber or minerals or from rentals or leases - School lands
  The revenue derived from any sale of timber or minerals from, or rental or lease of, any school lands shall be paid by the Commissioner...
• Section 9-15-40 Disposition of revenues from sales of timber or minerals or from rentals or leases - Swamp and overflowed lands
  The revenue derived from any sale of timber or minerals from, or rental or lease of, any swamp and overflow land owned by the Department...
• Section 9-15-41 Sales of school lands - Authorized
  School land, as defined by Section 16-20-1, may be sold or exchanged for other lands by the Commissioner of Conservation and Natural Resources with the...
• Section 9-15-42 Sales of school lands - Issuance of patents to purchasers
  All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, if he deems advisable, when presented...
• Section 9-15-43 Sales of school lands - Disposition of revenues from sales
  Any revenue derived from the sale of school lands shall be paid by the Commissioner of Conservation and Natural Resources to the Treasurer to be...
• Section 9-15-44 Exchanges of school lands
  The Commissioner of Conservation and Natural Resources is hereby authorized to exchange school lands for other lands of equal value, with the approval of the...
• Section 9-15-45 Leases, exchanges or sales of swamp and overflowed lands
  Swamp and overflowed lands may be leased, exchanged or sold by the Commissioner of Conservation and Natural Resources with the approval of the State Department...
• Section 9-15-46 Issuance of patents to purchasers of swamp and overflowed lands
  All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, when presented with the approval of...
• Section 9-15-47 Disposition of revenue from sales, etc., of swamp and overflowed lands
  Any revenue derived from the sale or adjustment of any swamp and overflowed lands as provided in this article shall be paid by the Commissioner...
• Section 9-15-48 Claims of title to swamp and overflowed lands
  All persons claiming title to any swamp and overflowed lands in this state under any alleged purchase or through any chain of title may submit...
• Section 9-15-49 Corrections of errors in records pertaining to school or swamp and overflowed lands - When required
  For the purpose of facilitating the management and supervision of school lands and swamp and overflowed lands, upon the submission to the Secretary of State...
• Section 9-15-50 Corrections of errors in records pertaining to school or swamp and overflowed lands - File of proof submitted
  The Secretary of State shall maintain a file in his office where he shall keep copies of the proof submitted for the correction of errors...
• Section 9-15-51 Corrections of errors in records pertaining to school or swamp and overflowed lands - Certifications of corrected records
  After the correction of any error or mistake in any record which pertains to such lands, the Secretary of State, in any subsequent certification of...
• Section 9-15-52 Sale or leasing of sand or gravel on public water bottoms and certain state lands - Negotiation, consummation and administration of contracts, leases, etc
  All contracts, leases, and agreements for the sale of sand and gravel from the lands of the state which are not owned, occupied, or held...
• Section 9-15-53 Sale or leasing of sand or gravel on public water bottoms and certain state lands - Disposition and expenditure of revenues
  The revenues, including royalties, derived from the sale of sand and gravel or from leases for the purposes of the removal of sand and gravel...
• Section 9-15-54 Release of sand for use in beach project
  Notwithstanding any other provision of this title, in the event a beach project to be undertaken by a coastal municipality as permitted by the Commissioner...
• Section 9-15-55 Retention by state of title to certain filled lands; rights of access
  (a) The state shall retain title to any lands of the state lying seaward of the mean high tide line that are filled in the...
• Section 9-15-56 Application for beach project; issuance of permit
  (a) Upon application by a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources, acting through the Lands Division of the department,...
• Article 3 Sale or Lease of Certain Real Property by State.
• Section 9-15-70 Applicability; reservation of rights
  This article applies to all real property and interests therein owned by the State of Alabama and the departments, boards, bureaus, commissions, institutions, corporations, and...
• Section 9-15-71 Real property owned by state to be sold or leased by auction or sealed bids
  All sales and leases made by, or on behalf of, the State of Alabama, or any department, board, bureau, commission, institution, corporation, or agency, of...
• Section 9-15-72 Lands Division responsible for selling or leasing property
  Each department, board, bureau, commission, institution, corporation, or agency which holds real property shall notify the Lands Division of the state Department of Conservation and...
• Section 9-15-73 Appraisal
  The Lands Division shall have the real property or the interests in the real property appraised by a real estate appraiser selected by the Lands...
• Section 9-15-74 Minimum amount at which property may be sold or leased; determination as to selling or leasing; acceptance or rejection of bids; determination as to whether sale be by auction or bids
  After obtaining an appraisal on the real property and consulting with the chief executive officer of the department, board, bureau, commission, institution, corporation, or agency...
• Section 9-15-75 Advertising
  Every proposal to make a sale or lease under this article shall be advertised for at least once a week for four weeks in advance...
• Section 9-15-76 Binders
  Each person or corporation submitting a bid on real property or an interest therein to be sold or leased by the State of Alabama under...
• Section 9-15-77 Payment of expenses by department, board, bureau, etc., selling or leasing property; payment of fee to Lands Division
  The expenses of the appraisal and contemplated sale or lease shall be paid by the department, board, bureau, commission, institution, corporation, or agency offering the...
• Section 9-15-78 Bids to be publicly taken by director; notice; bids to become public record
  The bids shall be publicly taken or opened in Montgomery or such other place as may be designated by the Lands Division, in case of...
• Section 9-15-79 Negotiation where no bids received or bids rejected; no sale or lease at price less than highest bid or minimum; payment; closing
  In the event no bids are received or all the bids are rejected by the chief executive officer of the department, board, bureau, commission, institution,...
• Section 9-15-80 Certain persons prohibited from bidding on or purchasing property
  Officers and employees of the department selling or leasing the real property and officers and employees of the Department of Conservation and Natural Resources, as...
• Section 9-15-81 Criminal and civil actions and penalties for violations of article
  Any sale or lease of real property or any interest therein of the state made in violation of this article shall be null and void,...
• Section 9-15-82 Article not to apply to certain transfers, reversions, sales, etc
  (a) This article shall not apply to the transfers of real property between departments, boards, bureaus, commissions, institutions, corporations, or agencies of the state. These...
• Section 9-15-83 Proceeds from sale to be deposited to credit of fund of state entity
  Whenever any real property is sold or leased under this article, the proceeds from the sale, less the expenses of the sale or lease, shall...
• Section 9-15-84 Promulgation of rules and regulations
  The Lands Division is authorized to promulgate such rules and regulations as may be necessary to implement the provisions of this article.
• Article 4 Disclosure of Information Concerning Purchase of Real Property with Public Funds.
• Section 9-15-100 Disclosure requirements
  (a) The state, a county, a municipality, any other governmental entity, or any quasi-governmental entity, following the purchase of any real property with public funds...

Last modified: May 3, 2021