ARTICLE II. STATE AND COUNTY BOUNDARIES – Constitution of Alabama 2022

ARTICLE II. STATE AND COUNTY BOUNDARIES

SEC. 37 STATE BOUNDARIES DEFINED.

The boundaries of this state are established and declared to be as follows, that is to say:  Beginning at the point where the thirty-first degree of north latitude crosses the Perdido river;  thence east, to the western boundary line of the State of Georgia;  thence along said line to the southern boundary line of the State of Tennessee;  thence west, along the southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line;  thence up said river to the mouth of Big Bear creek;  thence by a direct line to the northwest corner of Washington county, in this state, as originally formed;  thence southwardly, along the line of the State of Mississippi, to the Gulf of Mexico;  thence eastwardly, including all islands within six leagues of the shore, to the Perdido river;  thence up the said river to the beginning;  provided, that the limits and jurisdiction of this state shall extend to and include any other land and territory hereafter acquired, by contract or agreement with other states or otherwise, although such land and territory are not included within the boundaries hereinbefore designated.

SEC. 38 COUNTY BOUNDARIES RATIFIED AND CONFIRMED.

The boundaries of the several counties of this state, as they now exist, are hereby ratified and confirmed.

SEC. 39 ARRANGEMENT AND DESIGNATION OF COUNTY BOUNDARIES; NEW COUNTIES.

The legislature may, by a vote of two-thirds of each house thereof, arrange and designate boundaries for the several counties of this state, which boundaries shall not be altered, except by a like vote;  but no new county shall be formed hereafter of less extent than six hundred square miles, and no existing county shall be reduced to less than six hundred square miles;  and no new county shall be formed unless it shall contain a sufficient number of inhabitants to entitle it to one representative under the ratio of representation existing at the time of its formation, and leave the county or counties from which it is taken with the required number of inhabitants to entitle such county or counties, each, to separate representation;  provided, that out of the counties of Henry, Dale, and Geneva a new county of less than six hundred square miles may be formed under the provisions of this article, so as to leave said counties of Henry, Dale, and Geneva with not less than five hundred square miles each.

SEC. 40 MINIMUM DISTANCE OF COUNTY BOUNDARIES FROM COURTHOUSE.

No county line shall be altered or changed, or in the event of the creation of new counties shall be established, so as to run within seven miles of the county courthouse of any old county.

SEC. 41 REMOVAL OF COURTHOUSE OR COUNTY SITE.

No courthouse or county site shall be removed except by a majority vote of the qualified electors of said county, voting at an election held for such purpose, and when an election has once been held no other election shall be held for such purpose until the expiration of four years;  provided, that the county site of Shelby county shall remain at Columbiana, unless removed by a vote of the people, as provided for in an act entitled, “An act to provide for the permanent location of the county site of Shelby county, Alabama, by a vote of the qualified electors of said county,” approved the 9th day of February, 1899, and the act amendatory thereof, approved the 20th day of February, 1899, or by an election held under the provisions of this article.

SEC. 41.01 ESTABLISHING OR ABOLISHING BRANCH COURTHOUSE OR DIVISION OR BRANCH OF COURT OF RECORD.

After the ratification of this amendment, the legislature shall not establish any branch courthouse or any division or branch of any court of record to be held at any place other than the county seat, nor shall the legislature abolish any branch courthouse now existing or abolish any division or branch of any court of record now existing, unless such proposal be first submitted to a vote of the qualified electors of the county or counties to be affected and is approved by a majority of those voting upon such proposition.

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