Alabama Administrative Code Chapter 160-X-5 — Encroachments

160 State of Alabama Bear Creek Development Authority

Ala. Admin. Code r. 160-X-5-.01 Informing The Public Of The Purposes For Which Land Under BCDA's Administration May Be Made Available

It is the policy of BCDA, through all reasonable means such as personal contact, public announcements, etc., to fully inform the public concerning the manner and purposes for which lands under its administration may be made available for use and development. In furtherance of this policy, BCDA, through the Bear Creek Administrator, will, in cases of unauthorized use of these lands, vigorously pursue corrective measures, including legal recourse, to enforce its administrative responsibility.

History

• Authority: Code of Ala. 1975, §§33-15-1, et seq.
• Filed November 17, 1981. Amended: Filed January 10, 1986.

Ala. Admin. Code r. 160-X-5-.02 Disposition Of Encroachments

An encroachment as used herein is a structure, facility, or improvement partially or wholly constructed or maintained on BCDA owned or administered Bear Creek Project Land which violates BCDA and TVA land rights, established policy, standards, deed restrictions or procedures.

History

• Authority: Code of Ala. 1975, §§33-15-1, et seq.
• Filed November 17, 1981. Amended: Filed January 10, 1986.

Ala. Admin. Code r. 160-X-5-.03 Recovery Of Administration Cost

(1) Owners of encroachment will be required to pay the full administrative cost resulting from investigation of the encroachment. Administrative cost as used herein shall include those for salaries of BCDA staff, engineering, surveying, appraisal, attorney services, and others as may be deemed appropriate.

(2) This cost shall not be less than $100.00, unless deemed otherwise by action of the BCDA Board of Directors.

(3) Sale of fee title will be at twice the appraised value plus execution costs.

(4) Other criteria determined appropriate by the BCDA Board of Directors may be used.

History

• Authority: Code of Ala. 1975, §§33-15-1 et seq.
• Filed November 17, 1981. Amended: Filed January 10, 1986.

Ala. Admin. Code r. 160-X-5-.04 Timber Trespass Procedures

(1) A timber trespass as described herein is the cutting, removing, killing, destroying, girdling, chopping, chipping, sawing, or otherwise damaging any timber or forest products on the managed lands, regardless of size, without prior written approval from BCDA.

(2) Any person or persons engaging in a timber trespass on the managed lands shall be required to pay the full administrative cost resulting from investigation of the encroachment and shall be subject to prosecution under the timber trespass laws of the State of Alabama.

History

• Authority: Code of Ala. 1975, §§33-15-1, et seq.
• Filed November 17, 1981. Amended: Filed January 10, 1986.