Ala. Code
Code of Alabama

Ala. Code § 37-14-40 (2026)

Repealer; Actions Taken Pursuant to Inconsistent Provisions.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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Except as provided in this section, all laws or parts of laws in conflict with the provisions of this article are hereby repealed. In the event, as a result of a final adjudication in Dixie Electric Cooperative, et al. vs. The Citizens of the State of Alabama, et al., Civil Action No. CV 84-V-891-N, it is determined that Act No. 84-206 of the Alabama Legislature, Regular Session, was valid and constitutional, such Act No. 84-206 shall remain in effect. The principles of this article which are inconsistent with the provisions of Act No. 84-206 shall no longer be effective with the following exceptions;

(1) The agreement adopted as being in the public interest which is listed in Item 11 of Section 37-14-36.

(2) The agreement adopted as being in the public interest which is listed in Item 12 of Section 37-14-36.

(3) The agreement adopted as being in the public interest which is listed as Item 13 of Section 37-14-36.

(4) The agreement adopted as being in the public interest which is listed as Item 14 of Section 37-14-36.

To the extent actions are taken pursuant to this article which are inconsistent with actions required to be taken under Act No. 84-206, the actions taken hereunder shall be considered lawful. In the event Act No. 84-206 is declared to be valid and constitutional, the time periods for purchase of facilities set forth in Section 37-14-4 shall be extended to occur within nine months from the date of final adjudication of validity.

(Acts 1985, No. 85-645, p. 983, §11.)

Notes of Decisions
Cited in 3 cases, 1991–1995 · leading case: Wiregrass Elec. Coop., Inc. v. City of Dothan, 605 So. 2d 1207 (Ala. 1992).
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Wiregrass Elec. Coop., Inc. v. City of Dothan, 605 So. 2d 1207 (Ala. 1992). “In response to the district court’s decision, the Alabama Legislature enacted Ala.”
Alabama Power Co. v. Coosa Valley Elec. Coop., Inc., 670 So. 2d 910 (Ala. 1995). “CV~84-V-891-N, the United States District Court for the Middle District of Alabama declared that legislation invalid. In response to the district court’s decision, the Alabama Legislature enacted Ala.”
Mun. Utils. Bd. of Albertville v. Alabama Power Co., 934 F.2d 1493 (11th Cir. 1991). · cites it 2× “Ala.Code § 37-14-40 (Supp.1989). . The Acts define the assigned service area as the area “consisting of a line or lines drawn equidistant between the existing distribution lines of such electric supplier and the nearest existing distribution line of any other electric supplier.”
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