Code of Alabama
Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators.
Section 18-2-5 - Issuance of Writ Upon Filing of Application.

On the filing of such application, the judge of probate must issue to the sheriff a writ, setting forth the substantial averments contained in the application, the name of the applicant and the place where it is proposed to erect the dam and commanding the sheriff to summon seven disinterested freeholders of the county to meet at the place where the dam is to be erected, on a day to be specified in the writ, not less than 15 nor more than 30 days after the filing of the application, and then and there to inquire touching the matter contained therein.

Structure Code of Alabama

Code of Alabama

Title 18 - Eminent Domain.

Chapter 2 - Erection of Dams for Mills, Gins, Factories or Electric Generators.

Section 18-2-1 - Right of Property Owner to Erect Dam.

Section 18-2-2 - Application to Probate Court.

Section 18-2-3 - Contents of Application.

Section 18-2-4 - Notice to Owner of Land on Opposite Side of Stream Abutting Proposed Dam Site.

Section 18-2-5 - Issuance of Writ Upon Filing of Application.

Section 18-2-6 - Sheriff and Jury to Appear on Date Designated for Inquest; Charge to and Duties of Jury Generally.

Section 18-2-7 - Jury to Assess Value, etc., of One Acre of Land on Opposite Side of Stream Abutting Proposed Dam Site Where Applicant Not Owner of Land on Both Sides.

Section 18-2-8 - Inquest of Jury to Be Executed, Signed and Returned.

Section 18-2-9 - Summons to Landowners to Appear and Show Cause Against Grant of Application.

Section 18-2-10 - Notice of Hearing to Show Cause Against Grant of Application.

Section 18-2-11 - Persons Permitted to Contest Application.

Section 18-2-12 - Denial or Grant of Application.

Section 18-2-13 - Time for Payment of Assessment Upon Grant of Application; Effect of Failure to Make Payment.

Section 18-2-14 - Estate in Fee in Acre of Land to Vest Upon Compliance With Certain Conditions.

Section 18-2-15 - Effect of Noncompliance With Conditions.

Section 18-2-16 - Proceedings When Construction of Canal or Ditch Through Adjoining Lands Necessary.

Section 18-2-17 - Application to Probate Court to Raise Dam.

Section 18-2-18 - Liability for Building or Raising Dam Without Authority.

Section 18-2-19 - Appeal From Assessment of Damages to Circuit Court.

Section 18-2-20 - Deputy May Perform Duties of Sheriff.

Section 18-2-21 - Provisions as to Rate of Toll, etc., Applicable to Gristmills Established Pursuant to Chapter.