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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-110-139. Court authority

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(a) A license for a wildlife habitat enhancement and management area may be issued to any landholder or combination of landholders upon approval by the commission of an application submitted by the landholder. As used in this article, “landholder” means any person who owns, leases, or has a possessory interest in land.

(b) Each license application shall be accompanied by a nonrefundable fee in an amount established by the commission which, in conjunction with the fees collected pursuant to Section 3407, is calculated to meet the department's actual costs in administering all aspects of the habitat enhancement and management program. The application shall be accompanied by a wildlife habitat enhancement and management plan and such other information about the proposed wildlife habitat enhancement and management area as may be required by the commission.

(c) An application for a license may be submitted by any number of landholders if all parcels to be included in the wildlife habitat enhancement and management area are contiguous and, in combination, are of a size suitable for the management of the species included in the wildlife habitat enhancement and management plan. The landholders shall designate one landholder who shall represent them in all dealings with the commission and the department. The designated landholder shall be responsible for the operation of the wildlife habitat enhancement and management area.

(d) A landholder who does not own the fee to the land may apply for a license pursuant to this article only if the owner signs the application.

S. 176

AN ACT

To adopt and incorporate into the Code of Alabama 1975, those general and permanent laws of the state enacted during the 2001 Second Special Session, 2001 Third Special Session, 2001 Fourth Special Session, 2002 Regular Session, 2003 Regular Session, and 2003 First Special Session as contained in the 2002 Cumulative Supplement to certain volumes of the code, the 2002 Replacement Volumes 6, 6A, 17B, and 18, in the 2003 Cumulative Supplement to certain volumes of the code, and in the 2003 Replacement Volumes 16A and 21;  to make corrections in certain volumes;  to specify that this adoption and incorporation constitute a continuous systematic codification of the entire Code of Alabama 1975 and that this act is a law that adopts a code;  to declare that the Code Publisher has certified it has discharged its duties regarding the replacement volumes;  to expressly provide that this act does not affect any 2003 2nd Special Session statutes or 2004 session statutes;  and to specify the duties of the Secretary of State regarding the custody of these cumulative supplements and replacement volumes.

Be It Enacted By The Legislature of Alabama:

Section 1. (a) Those general and permanent laws of the state enacted during the 2001 Second Special Session, 2001 Third Special Session, 2001 Fourth Special Session, and 2002 Regular Session of the Legislature as contained in the 2002 Cumulative Supplement to Volumes 3 to 5, inclusive, Volumes 7 to 17A, inclusive, and Volumes 19 to 22A, inclusive, and the 2002 Replacement Volumes 6, 6A, 17B, and 18 of the Code of Alabama 1975, and the additions and deletions made by the Code Commissioner for editorial purposes, as edited and published by West Group, as the Code Publisher, which volumes of the 2002 Cumulative Supplement and the 2002 Replacement Volumes are identified and authenticated by the Great Seal of the State of Alabama placed upon the front and back of each of the volumes of the cumulative supplement and upon the first inside page and the last inside page of the replacement volumes, are adopted and incorporated into the Code of Alabama 1975. Provided, however, corrections are made as specified in subsection (b).

(b) The following corrections are made:

(1) Section 9-16-74, Volume 7, page 553. In subdivision (10), for purposes of inserting the appropriate word as contained in the last act amending this section, preceding the language “mining operations” insert “coal” in place of “coat”.

(2) Section 16-27-8, Volume 13, page 647. In subsection (c), for purposes of inserting the apparently intended word, preceding the language “the bus” insert “exit” in place of “exist”.

Section 2. (a) Those general and permanent laws of the state enacted during the 2003 Regular Session and 2003 First Special Session of the Legislature as contained in the 2003 Cumulative Supplement to Volumes 3 to 16, inclusive, Volumes 17 to 20, inclusive, and Volumes 22 to 22A, inclusive, and the 2003 Replacement Volumes 16A and 21 of the Code of Alabama 1975, and the additions and deletions made by the Code Commissioner for editorial purposes, as edited and published by West Group, as the Code Publisher, which volumes of the 2003 Cumulative Supplement and the 2003 Replacement Volumes are identified and authenticated by the Great Seal of the State of Alabama placed upon the front and back of each of the volumes of the cumulative supplement and upon the first inside page and the last inside page of the replacement volumes, are adopted and incorporated into the Code of Alabama 1975. Provided, however, corrections are made as specified in subsection (b).

(b) The following correction is made:

Section 34-9-19, 2003 Cumulative Supplement to Volume 18, page 38, after paragraph b. of subdivision (3) of subsection (a), for purposes of restoring existing statutory language that was mistakenly omitted in the amendatory bill, insert the following:

“c. Is intended or is likely to create false or unjustified expectations of favorable results.”

Section 3. The adoption and incorporation of the supplement and replacement volumes specified in this act shall constitute a continuous systematic codification of the entire Code of Alabama 1975 for purposes of Section 85 of the Constitution of Alabama of 1901. This act is a law that adopts a code for the purposes of Section 45 of the Constitution of Alabama of 1901.

Section 4. It is declared that West Group, as the Code Publisher, has certified that it has discharged its duties and responsibilities to edit and publish 2002 Replacement Volumes 6, 6A, 17B, and 18 of the Code of Alabama 1975, and 2003 Replacement Volumes 16A and 21 of the Code of Alabama 1975, by combining the material in the previous bound volume with the material contained in the cumulative supplement without making substantive changes, but making, under the supervision and pursuant to the direction of the Code Commissioner, nonsubstantive changes and corrections as may have resulted from changes in reference numbers, changes of names and titles of governmental departments, agencies, and officers, typographical errors, grammatical changes, and misspellings.

Section 5. The adoption of this act shall not repeal, supersede, amend, or in any other way affect any statute enacted into law during the 2003 2nd Special Session or any 2004 session of the Legislature.

Section 6. Upon passage and approval of this act, the duly authenticated volumes of the 2002 and 2003 Cumulative Supplements and the duly authenticated 2002 and 2003 Replacement Volumes shall be transmitted to the Secretary of State, who shall file the volumes of the supplement and the replacement volumes in that office. The volumes of the supplement and the replacement volumes shall not be removed from the office of the Secretary of State, but the Secretary of State, upon request, under proper certificate and seal of that office, shall certify any part or parts thereof upon payment of the fee specified by law for similar services.

Section 7. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Approved May 17, 2004.

Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-110-139. Court authority - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-110-139/


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