Administration, Etc., of Unused Public Lands.

Ala. Code tit. 9, ch. 15, art. 1

in effect

Ala. Code § 9-15-1 Definitions.

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. Lands that are being utilized for the specific and immediate purposes of the state or of any institution or department thereof or by any township or the inhabitants thereof, including buildings, grounds and premises, experiment farms, leased, mined or cultivated property and any other tracts utilized by or for the operation of any institution or department. (2) UNUSED LANDS. Lands not utilized for the immediate purposes of any institution or department, not being cultivated, leased or mined and not contiguous to the premises of any department or institution or state building. (Acts 1927, No. 635, p. 725, §1; Code 1940, T. 8, §219.)

Ala. Code § 9-15-2 Jurisdiction and Control of Unused Lands; Recommendations as to Policy Generally.

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 look after and protect such lands from depredation so far as may be possible and shall recommend to the Governor or to the department or institution to which the use of said lands is devoted, from time to time, the policy to be adopted in regard to said lands, which in its opinion will be most conducive to the interests of the state or of the department or institution to which said lands belong or pertain. (Acts 1927, No. 635, p. 725, §5; Code 1940, T. 8, §223.)

Ala. Code § 9-15-3 Determination and Listing of Unused Lands Suitable for Devotion to Forest Culture; Use of Same as State Forests or State Parks.

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 which of said lands are most suitable to be devoted to forest culture and to make a list of such lands and file the same in the office of the Department of Finance, and the lands, as shown on such list, shall thereafter, at the direction of the Governor, be devoted to forest culture or to the purposes of state parks under the administration of the State Forestry Commission or the Division of Parks, Department of Conservation and Natural Resources, as state forests or state parks. (Acts 1927, No. 635, p. 725, §6; Code 1940, T. 8, §224.)

Ala. Code § 9-15-4 Concentration of Ownership of Scattered State Owned Lands.

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, undertake to see if such ownership may be concentrated by the exchange of such lands with individual owners. (Acts 1927, No. 635, p. 725, §7; Code 1940, T. 8, §225.)

Ala. Code § 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.

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 to and without prejudice to the right of the beneficiary of any trust under which the state may hold said lands or of the rights of any institution of the state, but the Department of Conservation and Natural Resources shall act as technical advisor to the state and to any such institution or political subdivision or the inhabitants thereof with reference to such lands. (Acts 1927, No. 635, p. 725, §8; Code 1940, T. 8, §226.)

Ala. Code § 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.

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 state holds the legal title for itself or as trustee, and all state parks and all lands belonging to any institution or department of the state, and to any township thereof and to the inhabitants of any such township, and to make a separate record for each ownership of all such lands, describing such lands by government numbers when susceptible of such description and, when not susceptible of such description, then by some other adequate description whereby the same can be identified. The lands belonging to the various ownerships above described shall be classified in a separate record as to each as used or unused lands. Such record shall also show the manner in which title thereto was acquired, the character of the title, the general character of such land, that is, whether chiefly valuable for agriculture, mining, timber culture or other use and the use to which the same is being put. (Acts 1927, No. 635, p. 725, §2; Code 1940, T. 8, §220.)

Ala. Code § 9-15-7 Disposition of Records Generally.

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 of Conservation and Natural Resources and one copy containing the record of the lands pertaining to each department or institution of the state, respectively, shall be filed with such department or institution. (Acts 1927, No. 635, p. 725, §3; Code 1940, T. 8, §221.)

Ala. Code § 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.

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 in any lands in the State of Alabama and any department charged by law with the administration, control or management of any state department or institutional lands to file in the office of the Land Agent within the Department of Conservation and Natural Resources a complete list of all lands of whatsoever kind to which it holds the legal title or in which it claims any interest. If any land is held by any person, firm, corporation, department or institution of the State of Alabama for the use and benefit of any institution or department of the State of Alabama, such land shall also be included in such list to be filed in the office of the Land Agent, Department of Conservation and Natural Resources. Such list shall be compiled under the supervision of the managing head of such institution or department, and the real estate described therein shall be numbered by parcel and described legally. The lands set forth in said list shall be classified by institution or department owning the same as used lands or unused lands. The terms “used lands” and “unused lands,” as herein used, shall have the same meaning as described by Section 9-15-1. Said list shall also show the manner in which title to or interest in said land was acquired; the character of the title; the general character of such land, that is, whether chiefly valuable for agriculture, mining, timber culture or other use; and the use to which it is being put. In case of any improvements on any of said lands, a full description of the improvements shall be furnished the land agent, Department of Conservation and Natural Resources, on a form prescribed by the said land agent, to be filled in by the managing head of any state institution or department. Said lists so filed with the land agent, Department of Conservation and Natural Resources, shall be preserved and kept on file in office of Land Agent, Department of Conservation and Natural Resources. (Acts 1945, No. 341, p. 554, §2.)

Ala. Code § 9-15-9 Preparation and Disposition of Records Showing Ownership, General Character, Disposition, Etc., of Used and Unused Lands.

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 record to be compiled, which record shall list by counties all lands owned or held in trust by an institution or department of the State of Alabama, as shown by lists mentioned in Section 9-15-8. Such record shall also show the ownership of such lands and whether or not the same are used or unused lands, as defined in Section 9-15-1, and said record shall further show the general character of such land, that is, whether chiefly valuable for agricultural, mining, timber culture or other use and the use to which the same is being put. If at any future time any of the said lands shall be leased or sold or otherwise disposed of, or should unused lands become used lands or used lands become unused lands, such facts and circumstances shall be noted on said record and any other pertinent facts with relation to said lands shall be noted on said record to the end that a complete and current inventory of all state lands shall be available at all times. Such data shall be made on proper record books and shall be preserved by the Land Agent, Department of Conservation and Natural Resources. (Acts 1945, No. 341, p. 554, §3.)

Ala. Code § 9-15-10 Notice, Etc., of Change in Status, Disposition or Acquisition of Used and Unused Lands.

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 land owned by it, it shall notify the Land Agent, Department of Conservation and Natural Resources, who shall place said land on the “used land” list, and should any institution or department of the State of Alabama abandon the use to which any “used land” is then being put, it shall notify the Land Agent, Department of Conservation and Natural Resources, of such abandonment and the land shall be reclassified on records in the office of the Land Agent, Department of Conservation and Natural Resources, as “unused land.” (b) Should any land owned by any institution or department of the State of Alabama be leased, sold or otherwise disposed of by any institution or department of the State of Alabama owning same, such institution or department shall immediately notify the Land Agent, Department of Conservation and Natural Resources, of such fact and furnish said Land Agent, Department of Conservation and Natural Resources, a copy of the instrument by which the said land is leased or conveyed, which copy shall remain on file in the office of the Land Agent, Department of Conservation and Natural Resources, and shall be and constitute a part of the records of said office. (c) Should any institution or department of the State of Alabama acquire title to or any interest in any real estate not shown on said list, it shall immediately notify the Land Agent, Department of Conservation and Natural Resources, of its ownership in such real estate or interest therein and shall forward to the Land Agent, Department of Conservation and Natural Resources, a description of said real estate, together with a statement on a prescribed form furnished by the Land Agent, Department of Conservation and Natural Resources, as to the general character of such land, that is, whether chiefly valuable for agricultural, mining, timber culture or other use and the use to which same is being put. It shall further classify said lands as “used lands” or “unused lands” in accordance with the terms of Section 9-15-8. It shall further forward to the Land Agent, Department of Conservation and Natural Resources, a copy of the deed, lease or other conveyance by which it derives title to or interest in said land, which copy shall be placed on file in the office of Land Agent, Department of Conservation and Natural Resources. Upon receipt of the notice provided for in this section, the Land Agent, Department of Conservation and Natural Resources, shall enter or cause to be entered upon the permanent records of said office the description of such land so acquired, together with such information thereto as is required in Section 9-15-9. (Acts 1945, No. 341, p. 554, §5.)

Ala. Code § 9-15-11 Preparation of County Maps Showing Ownership and Location of Lands Owned by State Institutions or Departments.

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 Alabama to be prepared, showing thereon the location of any real estate owned by any institution or department of the State of Alabama. Such map shall show the ownership of any real estate owned by an institution or department of the State of Alabama. (Acts 1945, No. 341, p. 554, §4.)

Ala. Code § 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.

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 institutions or departments of the State of Alabama shall prepare a list and furnish each tax assessor in the various counties in order that the records in the office of tax assessors of the various counties of the state will show all lands so owned by the State of Alabama and its institutions or departments. Furthermore, as lands are acquired, it shall be the duty of the Land Agent, Department of Conservation and Natural Resources, to notify the various tax assessors of any purchase or possession of additional lands. In case any of the lands are disposed of or sold to others, the Land Agent, Department of Conservation and Natural Resources, shall immediately notify the tax assessor of the respective county of such sale or disposition. (Acts 1945, No. 341, p. 554, §6.)

Ala. Code § 9-15-13 Acquisition of Lands to Which State Entitled; Recordation of Same.

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 is entitled to which have not been received, allocated to or set aside to the state or such institution and to take immediate and appropriate action to acquire the same for the state or such institution as may be entitled to the same. Such lands, as well as any other lands acquired in any manner by the state or any institution thereof, shall be added to the record required in this article to be made as soon as such lands are acquired. (Acts 1927, No. 635, p. 725, §4; Code 1940, T. 8, §222.)

Ala. Code § 9-15-14 Duty to Determine Best Use for Which Unused Lands May Be Adapted; Use of Same for Purpose for Which Suited.

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 any institution or department thereof to determine the best use to which said lands may be adapted and, thereafter, at the request of the department or institution having title to or an interest in or charged by law with the management of such lands and with the approval of the Governor, the Commissioner of Conservation and Natural Resources then shall have authority to use such lands for the purpose for which they are suited, and said lands shall be under the exclusive jurisdiction, management and control of the Commissioner of Conservation and Natural Resources; provided, that the lands donated to or purchased by the state to be used as the Fort Morgan Parkway from Fort Morgan to Gulf Shores, now a part of the Dixie Graves Highway, shall not be classified by the Department of Conservation and Natural Resources as unused lands, and the Department of Conservation and Natural Resources shall not, directly or indirectly, lease or sell said lands or any part thereof. (Acts 1945, No. 341, p. 554, §7; Acts 1949, No. 657, p. 1021, §1.)

Ala. Code § 9-15-15 Disposition of Revenues from Unused Lands Managed by Department; Charges for Administration, Protection, Mapping, Etc.

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 the property of the department or institution to which the lands belong or in which the department or institution shall own the beneficial interest. If the land shall be owned absolutely by the State of Alabama, and shall consist of submerged land, the revenue from the use of the land, with the exception of offshore oil and gas capital payments and sand and gravel royalties, shall become a part of the State Lands Fund of the Lands Division of the Department of Conservation and Natural Resources of the State of Alabama. In all other cases, however, the reasonable cost of administering, managing, protecting, mapping, surveying, cruising, or developing any unused lands shall be a charge against the income produced therefrom, and the charge shall be deducted from the income by the Commissioner of Conservation and Natural Resources and retained by the Department of Conservation and Natural Resources. The balance remaining shall be paid to the institution, department, or agency of the State of Alabama entitled thereto. If the lands are not submerged lands and are owned absolutely by the state, the revenue derived therefrom, less the cost of management, protection, and development of the lands, shall be paid by the Commissioner of Conservation and Natural Resources to the State Treasurer to become a part of the State General Fund. (Acts 1945, No. 341, p. 554, §8; Acts 1993, No. 93-631, p. 1077, §2.)

Ala. Code § 9-15-16 Maximum Amount for Charges for Administration, Etc., of Lands.

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. (Acts 1945, No. 341, p. 554, §9; Acts 1973, No. 1287, p. 2200, §1; Acts 1993, No. 93-631, p. 1077, §2.)

Ala. Code § 9-15-17 Fund for Management, Etc., of Unused Lands.

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 Department of Conservation and Natural Resources under authority of this article shall be delivered to the State Treasurer by the Commissioner of Conservation and Natural Resources, and the State Treasurer shall keep said funds in a special fund, which fund shall be used only for the preservation, management, protection and improvement of unused lands and shall be paid out upon the requisition of the Commissioner of Conservation and Natural Resources. Any balance remaining in said fund at the end of any fiscal year shall not revert to the General Funds of the state but shall be allowed to accumulate to the end that a fund may be provided for the management, protection, development and improvement of unused lands; provided, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this code, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill. (Acts 1945, No. 341, p. 554, §10; Acts 1951, No. 830, p. 1461, §1.)

Ala. Code § 9-15-18 Sale of Timber, Minerals, Etc., from Lands; Lease, Exchange or Sale of Lands, Etc.

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 all lands managed or controlled under authority of this article when in his opinion he deems such timber or minerals or other natural resources to be merchantable quantity and quality. All lands or any interest therein over which the Department of Conservation and Natural Resources shall exercise management and control by virtue of this article may be leased, exchanged or sold by the Commissioner of Conservation and Natural Resources with the approval of the managing head of the department or institution to which said lands belong and the approval of the Governor of Alabama. (Acts 1945, No. 341, p. 554, §11.)

Ala. Code § 9-15-19 Effect of Article on Local Laws, Etc., Governing Ownership, Management, Etc., of Lands in Counties.

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 in any county or counties or disposition of revenues derived therefrom. (Acts 1945, No. 341, p. 554, §13.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026