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Alabama Municipal Law Questions & Answers
3 Answers | Asked in Real Estate Law and Municipal Law for Alabama on
Q: Can I bury my husband's ashes on my land? Hueytown, Al.

My husband died in 2019, I've had his ashes here since then. Can I bury him under the willow tree in the backyard?

James L. Arrasmith
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answered on Apr 19, 2024

In Alabama, there are no state laws prohibiting the burial of cremated remains on private property. However, it's important to check with your local government, such as the county or city, to ensure there are no local ordinances or zoning regulations that would prevent you from burying your... View More

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3 Answers | Asked in Real Estate Law and Municipal Law for Alabama on
Q: Can I bury my husband's ashes on my land? Hueytown, Al.

My husband died in 2019, I've had his ashes here since then. Can I bury him under the willow tree in the backyard?

James Blount Griffin
James Blount Griffin
answered on Apr 22, 2024

I would add that burial grounds are a special type of land use under Alabama law; cemeteries have their own sections of the Alabama Code. The burial of cremated remains by itself might not create a "cemetery" as defined under Alabama law, but if you if you put up burial markers, fences,... View More

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3 Answers | Asked in Real Estate Law and Municipal Law for Alabama on
Q: Can I bury my husband's ashes on my land? Hueytown, Al.

My husband died in 2019, I've had his ashes here since then. Can I bury him under the willow tree in the backyard?

Paul  Burkett
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answered on Apr 29, 2024

This is an answer to supplement the general question and not a specific solution to your matter. Good thoughts here and also, I would add that depending on whether the location of the remains is deemed a cemetery makes a difference because in Alabama there is a code section which gives right of... View More

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2 Answers | Asked in Landlord - Tenant and Municipal Law for Alabama on
Q: I called the local code enforcement when my landlord did not fix a flooding issue in my apartment after providing pics

He was fined today and today I received a notice that I have 30 days to leave or will be more legal action

James Blount Griffin
James Blount Griffin
answered on Mar 27, 2024

Alabama law is more favorable to landlords than to tenants. Begin your defense with your written lease, if you have one. Even if he cannot evict you easily, he could refuse to renew your lease next time around. If you don't have a written lease, the law presumes you are a month-to-month... View More

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Q: Are there any laws pertaining to a diver recovering scrap metal that fell from barge in Tennessee River

We are cleaning river bottom where a scrap metal company has missed the barge while loading. The metal is underwater and we are not touching land at any time. Are we breaking any laws.

James L. Arrasmith
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answered on Mar 25, 2024

In regards to your question about recovering scrap metal from the Tennessee River, it's essential to understand that various laws may apply. These include federal, state, and local regulations concerning environmental protection, salvage rights, and navigation. For instance, the Clean Water... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Municipal Law for Alabama on
Q: I got a child restraint ticket almost a year ago but haven’t received any notification of court dates and have an fta

How do I go about getting the warrant cleared and fix all of my issues with notifications not being served.

James L. Arrasmith
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answered on Nov 18, 2023

It seems like you're facing some issues with a child restraint ticket and a failure to appear (FTA) notice. To address this situation, the first step is to contact the court or the relevant municipal office in West Blocton, AL. Explain your situation and inquire about the status of your case,... View More

1 Answer | Asked in Criminal Law, Municipal Law and Traffic Tickets for Alabama on
Q: The police won’t let me get my purse from my towed truck. First I needed a notarized bill of sale. Now the title.

My keys to the car I drive everyday is in my purse inside the truck. That’s all I won’t but they continue to change the rules so I can’t get it. Is this legal?

James L. Arrasmith
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answered on Nov 9, 2023

Based on the information provided, the police requiring increasing documentation from you before releasing your personal belongings from the impounded vehicle is likely unreasonable and illegal under Alabama law.

Some key points:

- The police have a right to impound a vehicle, but...
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2 Answers | Asked in Energy, Oil and Gas, Gov & Administrative Law and Municipal Law for Alabama on
Q: do private owned utility companies in Alabama have rules to follow

rules and regulations regarding what they can and can not do on someones property and with someones property lines

James L. Arrasmith
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answered on Nov 9, 2023

In Alabama, privately owned utility companies are subject to state and federal regulations that govern their operations, including activities on private property. Typically, utility companies must adhere to easement rights and local ordinances when it comes to property lines and access. You should... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for Alabama on
Q: In Alabama is it illegal for someone to throw their trash into their neighbors bin and keep their bin on neighbors yard?

Neighbor throws their trash in my bin & keeps their bin next to mine on my yard on trash days.

T. Augustus Claus
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answered on Aug 8, 2023

In Alabama, laws regarding trash disposal and property boundaries can vary depending on local ordinances and regulations. Generally, it's considered respectful to dispose of your own trash in your own bin and to keep your bins on your own property. If someone is consistently using your bin for... View More

1 Answer | Asked in Consumer Law and Municipal Law for Alabama on
Q: Does one have the right to choose who removes and takes household garbage to the dump in crenshaw county Al.these days?

What does the law specify about who may collect & take my garbage to the dump?

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Dec 28, 2022

The question depends on local ordinances. Google the Town of Valley, Alabama for information about arrests relating to garbage collection. It will likely be the subject of both civil and criminal matters. If you have a case, you should contact a lawyer for specific advice. I wish you the best.

1 Answer | Asked in Municipal Law for Alabama on
Q: how much time will i have to do if i plead guilty
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 10, 2021

Would need a lot more information. Crimes you have been charged with, what you are pleading guilty to, are any other charges being dismissed as part of the plea, do you have a prior criminal history, etc.

1 Answer | Asked in Municipal Law for Alabama on
Q: Is there a nose ordinance outside of city limits in Marshall county, alabama
Tim Akpinar
Tim Akpinar
answered on Jan 14, 2021

This is something that an Alabama attorney could advise best on, but your post remains open for five weeks. At this point, you could ask the public relations liaisons for the elected officials or lawmakers in the applicable county(s). Noise ordinances can be specific to a city or town. Outside city... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for Alabama on
Q: I just got my first speeding ticket yesterday on the 3rd. Is it just that I'm required to pay it before the 19th?

The court date is set on November 19th 2020. I live paycheck to paycheck and simply cannot afford this ticket. Since this is my first offense should I show up in court and ask for leniency?

Sheila Crumley Field
Sheila Crumley Field
answered on Nov 4, 2020

Show up in court and ask for driving school. It only costs $40 bucks instead of $300 for the ticket. After you take the class file the certificate with the court and ask that it be dismissed. It only works if it’s your first ticket. So slow down!! Good luck!!

1 Answer | Asked in Criminal Law and Municipal Law for Alabama on
Q: Can a investigator legally keep your gun out of the evidence room

My wife got arrested last year the lady over the evidence room was going to give me my gun back and she said the investigator has the kind I contacted the investigator and he said the only way I could get my gun back is if she turns in names how is he legally able to keep that gun out of the... View More

Travis T Juneau
Travis T Juneau
answered on Oct 29, 2020

The police are allowed to keep the firearm for evidentiary reasons, meaning it is evidence in a crime until that case is concluded. A case is not concluded until the person is found either A) not guilty or B) all appeals have been exhausted. If the person is convicted, I would anticipate that the... View More

1 Answer | Asked in Criminal Law and Municipal Law for Alabama on
Q: how does a person go about getting discovery if you do not have a lawyer?

Is there a wrong and right way to ask for discovery?

Kate Furek
Kate Furek
answered on Feb 20, 2020

If you are charged with a crime that carries the possibility of a jail sentence (any felony or misdemeanor), it is in your best interest to hire a lawyer. If you are indigent (you do not make enough money to afford a lawyer), one can be appointed to represent you. You should go to your first court... View More

1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Municipal Law for Alabama on
Q: Can the city of Millbrook have jurisdiction in Prattville on highwAy 14

I was pulled over by Millbrook city officer after I had crossed under the interstate 65 exchange and beyond the first red light you come to when you cross into Prattville on highwAy 14.he pulled behind me at the red light and when the light turned green turned on the blue lights.I don't... View More

Whitney Polson
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answered on Jan 17, 2020

Venue is the legal term for where a legal case can be tried. If the crime and arrest were outside the city limits jurisdiction of the Millbrook officer, then your criminal lawyer can file an appropriate motion to dismiss the charge for improper venue.

1 Answer | Asked in Traffic Tickets, Admiralty / Maritime and Municipal Law for Alabama on
Q: Can I defend against an unsworn complaint issued by an officer in the form of an "e-ticket" under 32-1-4(a)?

At bottom of ticket, it states "no signature required pursuant to 32-1-4(a)", but that code appears to be stating that the violator would be deemed to have given a written Bond to appear, not waiving officers' need to sign the complaint. Violated Montg. Municipal Ord. 1-9 adopted 32-6-65

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2019

This was posted under Admiralty/Maritime, but I was unable to find anything under maritime laws pertaining to the listed statute(s). It looks like it involves violation of a Montgomery Municipal Ordinance. Consult with an Alabama attorney, as it probably requires a prompt response/appearance where... View More

2 Answers | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Municipal Law for Alabama on
Q: Need a lawyer to represent public library?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 29, 2019

"Public" libraries are usually represented by a lawyer that works for the city or county that owns the library.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Federal Crimes and Municipal Law for Alabama on
Q: Hi, can someone please assist me in understanding in what jurisdiction do I hire an attorney please.

During the time my husband was serving time in Georgia, he missed 2 court appearances in Alabama. Alabama now has him being held for extradition in the grounds of fugitive of justice. His time served in Georgia was ended on 3/24/19, However, Georgia is saying they can hold him as long as Alabama... View More

Gary Kollin
Gary Kollin
answered on Mar 28, 2019

You could have possibly saved your husband a considerable amount of jail tome if you would have hired an attorney in Alabama when he was serving his sentence. The attorney could have had your husband transferred to Alabama undwr the Interstate Agreement on Detainers.

He will always need an...
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1 Answer | Asked in Family Law, Municipal Law and Small Claims for Alabama on
Q: I’m 16 and I turn 17 in October I live in Prichard al but my mom doesn’t support me my boyfriend douse can I move out

I live in Prichard al I turn 17 in October my boyfriend is 18 and is working and we live with my mom but she doesn’t support me anymore can I move out without her consent and what can the cops do if I refuse to live with her or my dad

Kristine Jones
Kristine Jones
answered on May 8, 2018

You could become emancipated and then legally you would be an adult. You are not an adult in Alabama until age 19, which means you are a minor child until you reach the age a majority and become an adult in the eyes of the law. Best of luck!

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