§ 23-1-81 — County Commissions - Authority to Establish, Operate, Etc., Bridges, Ferries, Causeways, Etc.; Licensing

Alabama § 23-1-81

• Jurisdiction: Alabama
• Title 23: Highways, Roads, Bridges and Ferries
• Ch. 1: Alabama Highways
• Art. 3: Public Roads, Bridges and Ferries

Text

(a) The county commission of each county is invested with authority to purchase or establish toll bridges, free bridges, causeways, and ferries or free ferries within their respective jurisdictions as provided in this article and may levy a special tax to purchase or build the bridges and causeways when, in the opinion of the county commission, the public good requires it.
(b) The county commission of each county may also license any individual, group of individuals, partnership, corporation, association, or any other legal entity to establish or to operate toll roads, toll bridges, ferries, or causeways and authorize the licensee to establish and fix the rates of toll. Toll roads and toll bridges that are licensed by a county and which are on or over the line between any two counties shall be licensed by both counties.
(c) The State Department of Transportation may license any individual, groups of individuals, partnership, corporation, association, or any other legal entity to establish or operate toll roads, toll bridges, ferries, or causeways and authorize the licensee to establish and fix the rates of toll.
(d) After a license is issued pursuant to subsection (b) or (c) by a county commission or the State Department of Transportation, no further license of any type from any governmental body or agency, including, but not limited to, a business license, shall be required to construct, own, or operate the toll road or the toll bridge, ferry, or causeway and no further license, tax, or fee may be imposed by any governmental body or agency.
(e) No toll bridge shall be established over the same watercourse within two miles of any other toll bridge.
(f) Nothing contained in this section shall be deemed to limit the authority of the Department of Conservation and Natural Resources to grant easements and licenses with respect to the placement of bridges on state land.

Legislative History

(Code 1852, §1189; Code 1867, §1381; Code 1876, §1678; Code 1886, §1442; Code 1896, §2498; Code 1907, §3023; Code 1923, §6442; Code 1940, T. 23, §45; Acts 1996, 1st Ex. Sess., No. 96-30, p. 40, §1; Act 2000-216, p. 324, §1.)