Code of Alabama
Ala. Code § 37-1-31 (2026)
Exclusive Powers and Jurisdiction.
✓ official Alabama Legislature (ALISON) text, current July 2026
The rights, powers, authority, jurisdiction and duties by this title conferred upon the commission shall be exclusive and, in respect of rates and service regulations and equipment, shall be exercised notwithstanding any rights heretofore acquired by the public under any franchise, contract or agreement between any utility and municipality, county or municipal subdivision of the state, and shall be exercised, so far as they may be exercised consistently with the Constitution of the state and of the United States, notwithstanding any right heretofore so acquired by any such utility.
(Acts 1920, No. 37, p. 38; Code 1923, §9813; Code 1940, T. 48, §17.)
Notes of Decisions
Cited in 8
cases, 1983–2011 · leading case: BellSouth Telecomm., Inc. v. City of Mobile, 171 F. Supp. 2d 1261 (S.D. Ala. 2001).
BellSouth Telecomm., Inc. v. City of Mobile, 171 F. Supp. 2d 1261 (S.D. Ala. 2001). “Ala.Code § 37-1-31. Section 37-1- *1271 35 of the Alabama Code, however, provides that: Nothing in this title is intended or shall be construed: (1) To limit or restrict the police jurisdiction or power of municipalities over their streets and other highways and public places or…”
Ala. Metallurgical Corp. v. ALA. PUB. SER. COM'N, 441 So. 2d 565 (Ala. 1983). “The Commission may utilize any "administrative consideration or device" to set rates so long as the constitutional standards embodied in the statute are satisfied.”
Taffet v. S. Co., 967 F.2d 1483 (11th Cir. 1992). “Ala.Code § 37-1-31. Whenever a utility wishes to change an existing rate, it must file a new rate schedule with the PSC.”
Capitol Container, Inc. v. Alabama Power Co., 79 So. 3d 575 (Ala. 2011). “Code 1975, and exclusive jurisdiction pursuant to § 37-1-31, Ala.Code 1975, and] that the APSC regulates Alabama Power pursuant to § 37-1-30 and § 37-4-1(7), Ala.”
South Cent. Bell Tel. Co. v. Holmes, 689 So. 2d 786 (Ala. 1996). “See § 37-1-31, Ala.Code 1975. Holmes maintains that the terms of the agreement that he alleges Bell has broken do not involve rates and service regulations.”
Graddick v. Alabama Pub. Serv. Comm'n, 441 So. 2d 586 (Ala. 1983). “Further, they contend that § 37-1-56 authorizes the Commission to “prescribe such changes in the form in which the schedules and service regulations are issued by any utility as may be found to be expedient.”
In re Long Distance Tel. Litig., 783 So. 2d 800 (Ala. 2000). “OAN argues that all slamming cases occurring in the state of Alabama are within the “primary and exclusive jurisdiction” of the APSC, under § 37-1-31, Ala.Code 1975. OAN claims that, because of this exclusive jurisdiction, the district court lacks subject-matter jurisdiction…”
South Cent. Bell Tel. Co. v. Alabama Pub. Serv. Comm'n, 425 So. 2d 1093 (Ala. 1983). “The general powers, jurisdiction and supervision of utilities are summarized in §§ 37-1-31 and 37-1-32: § 37-1-31. The rights, powers, authority, jurisdiction and duties by this title conferred upon the commission shall be exclusive and, in respect of rates and service…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.