Title 11 — Title 11

This article may be referred to and designated as “The Municipal Public Improvement Act.” History: (Acts 1927, No. 639, p. 753, §2.)

Improved. Before the passage of the final resolution or ordinance to make any improvement on any street, avenue, alley, or sidewalk, the cost of which or any part thereof is to be assessed to the abutting property, if the grade of such street, avenue, alley, or sidewalk has not b…

Among Joint Owners Thereof Authorized; Discharge of Portion of Assessment Lien Upon Payment of Portion of Assessment. When an assessment for public improvements is levied against a tract of land owned by tenants in common, the governing body of any municipality may, upon petition…

Owners of Property. When assessments are made for public improvements against property owned by tenants in common and one or more of the tenants in common to the property assessed desires that said assessments be paid, he may file a petition with the governing body of such munici…

Payment of and Discharge of Lien Upon Proportionate Shares of Assessment. The governing body of any municipality may divide such assessment proportionately among the tenants in common and allow any tenant in common to pay and discharge his proportionate share of such assessment, …

In all cases where assessments may be split or divided as authorized in this article, notice to owners of the property covered by such assessments or to their agents shall be given, either in person or by mail, where such owners or agents and their addresses are known or by publi…

The owner of any portion of said tract of land may, after said tract and the original assessments have been divided, appeal from the resolution, judgment or order of the governing body levying said assessment in the same manner and under the same conditions as appeals are taken f…

Assessment. The governing body of a municipality may, at any time before judgment entered in the circuit court, correct errors in the description of ownership of property against which an assessment has been made for public improvements and may, whenever in its judgment the asses…

When any assessment is split or divided or errors corrected in the description of ownerships or assessments reduced, settled, or compromised or any adjustment made or act done as authorized by this article, no lien on the property affected by the assessment under existing laws sh…

(a) If the council shall finally order the making of the proposed improvement or improvements, notice shall be given asking for bids for such work, which notice shall describe in a general way the character and approximate quantities of such work and the types of materials, inclu…

Engineer, Etc. All work done or improvements made under the provisions of this article shall be done under the supervision of the city or town engineer or other superintendent appointed for that purpose by the council of such city or town; provided, that the city or town engineer…

In case of any controversy or dispute, the council shall be invested with sole and exclusive power to determine whether any improvement constructed under the provision of this article has been completed in accordance with the terms of the contract therefor and to accept or reject…

Benefited by Improvements Authorized Generally. (a) If any such improvement is finally ordered and constructed, the council shall have power and authority, after the completion and acceptance thereof, to assess the cost of constructing said improvements or any part thereof upon o…

of Taxes of Costs of Street Improvements and Sewers Authorized; Effect of Redemption or Sale of Said Lands. Any and every city or town shall have the power to assess for the cost of street improvements and sewers any lot or lots, parcel or parcels of land purchased by the State o…

Swamp Drainage, Seawalls, Levees, Etc. (a) When the improvement consists of a sanitary or storm water sewer or sewers or a sanitary or storm water sewer system, including sewage treatment or sewage disposal plants, the cost of any part thereof may be assessed in fair proportion a…

Sewer. (a) If a landowner, whose property has not previously been assessed a fee for the public improvement of sanitary sewers or the sanitary sewer system, requests to be connected to the existing sanitary sewer after the term of a public improvement ordinance relating to that i…

Improvements of Intersections of Streets, Alleys, Etc. Where the intersections of streets, avenues, alleys, or other highways are improved, the cost of improving any intersection or any part thereof may be assessed against the lots or parcels of land abutting on each of the stree…

Improvements. In the case of sidewalk improvements, including curbing and guttering, the costs or any part thereof of the improvement of the street or avenue corner may be assessed against the lots abutting on or nearest said improvement, and the entire cost or any part thereof o…

If there is a street, electric, or other railroad track or tracks on any street or highway improved or reimproved under this article, the cost of such improvement, except storm water and sanitary sewers, between the tracks and the rails of the tracks and, in case there are two or…

When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) COUNCIL. The council, mayor and aldermen, or other governing body. (2) MUNICIPALITY. Any city or town now or hereafter c…

Improvement. When any improvement made under the provisions of this article is completed, the mayor or other chief executive officer shall cause to be prepared a roll or list showing the names of the property owners and opposite each name a description of each lot or parcel of la…

Such list shall be entered in a well-bound book or loose-leaf book firmly bound, prepared for that purpose, and shall contain appropriate columns in which payments may be credited and the lien of the assessment satisfied by the proper officers of the municipality. Said book shall…

Notice as to Delivery and Inspection of Book, Etc. After the completion of the proper entries of each improvement, said book shall be delivered to the city or town clerk, who shall thereupon give notice by publication one time in some newspaper published in said municipality or o…

The notice provided for in Section 11-48-22 shall state that, at a time and place therein mentioned, not less than 20 days from the date of publication, the council shall meet to hear and determine any objections or defense that may be filed to such assessment or the amount there…

The notice required by Section 11-48-22 shall also state the general character of the improvements, the terminal points thereof and the streets, avenues, alleys, or other highways or portions thereof along which the improvement has been constructed, and, if the improvement made c…

If there is any defect in said notice or proceedings before or subsequent to said notice with respect to one or more interested persons, the same shall not affect such notice or proceedings except insofar as it may touch the interest or property of such person or persons and shal…

The owner or owners of any real estate or any interest therein which it is proposed to assess for the cost or any part thereof of said improvement may appear at any time on or before the date named in said notice or at said meeting and file in writing with the clerk or in his off…

The council shall hear and pass upon all such objections to and protests against the proposed assessment under such reasonable rules and regulations as it may adopt. History: (Code 1907, §1382; Code 1923, §2197; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §536.)

Subpoena of Witnesses, Etc. The council, by the mayor or clerk or other executive officer, may issue subpoenas for witnesses to appear before the council or any committee thereof and may administer oaths to any witness to be examined. History: (Code 1907, §1383; Code 1923, §2198;…

Reduction, Abatement, Etc., of Assessments Generally. (a) At such meeting or any adjourned meeting the council shall proceed by order or resolution to fix the amount of the assessment against each lot or tract of land described and included in said assessment roll, and all such a…

The provisions of this article shall apply to all municipalities of this state. History: (Acts 1927, No. 639, p. 753, §1; Code 1940, T. 37, §512.)

Government or Charitable Organizations in Municipalities Having Population of 20,000 or Less - Authority Generally; Reconveyance of Property Acquired through Foreclosure of Assessment. The council of any town or city having a population of less than 20,000 people according to the…

Government or Charitable Organizations in Municipalities Having Population of 20,000 or Less - Erroneous Assessments; Assessments in Excess of Benefits Derived, Etc. The council of any city having a population of 20,000 or more according to such census shall have power to reduce …

Such city or town may transfer and assign such assessment liens to the contractor or contractors who made said improvement or improvements or to any other person. History: (Code 1907, §1385; Code 1923, §2200; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §541.)

In addition to the method hereinafter provided in this article for the collection of such assessments, the circuit court may enforce said liens, and in all civil actions which may be brought to enforce said liens either by the municipality or by its assigns, the complainant shall…

Liens; Duration of Assessment Liens. (a) The enforcement by the state, county, city, or town of its lien for taxes on any lot upon which has been levied an assessment for any improvement authorized by this article shall not operate to discharge or in any manner affect the lien of…

Other Assessment Liens Upon Same Property. The enforcement by the municipality of its lien for an assessment levied for one improvement by the sale of the property shall not operate to discharge or in any way affect the lien of any other assessment for a different improvement on …

Any person aggrieved by the decision in making any assessment may, within 20 days thereafter, appeal to the circuit court upon executing a bond in double the amount of the probable cost of the appeal. History: (Code 1907, §1389; Code 1923, §2204; Acts 1927, No. 639, p. 753; Code …

The amount of such appeal bond shall be fixed and the sureties thereon shall be approved by the mayor or other chief executive officer, and the said bond shall be conditioned to prosecute said appeal to effect and pay the city or town any judgment that the circuit court may enter…

Said appeal shall be entered on the trial docket in said court and shall be a preferred case therein. History: (Code 1907, §1391; Code 1923, §2206; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §547.)

Contents. Upon the filing and the approval of the appeal bond, the clerk of the city or town, upon notice thereof, shall immediately send to the clerk of the circuit court a transcript of all the proceedings of the municipality relating to such assessment, so far as the same conc…

All cities or towns in this state may design or cause to be designed, contract for and execute or cause to be executed a contract for the construction of the following named improvements or reimprovements to the streets or any portions thereof and the following named sewers or se…

Evidence. Upon hearing such appeal, the introduction of such transcript and papers shall be prima facie evidence of the correctness of such assessment and that said property and persons are justly indebted to the city or town for the amount of said assessment. History: (Code 1907…

of Jury Trial; Entry of Judgment and Assessment of Costs Generally. The civil action may be tried on the record without other pleadings, and the court shall hear all objections of the property owners to said assessment and the amount thereof and shall determine whether or not suc…

Amounts Properly Chargeable Against Lands Where Assessment Defective. If, on the hearing of such appeal, it shall appear that by reason of any technical irregularity or defect in the proceedings the assessment has not been properly made against the lot or parcel of land sought to…

Authorized; Bonds. An appeal may be taken to the Supreme Court of Alabama by any person interested in said property from the judgment entered by the circuit court within 42 days from the date of entry of such judgment, upon giving bond for costs of appeal or, if a stay of executi…

Generally. Such appeal shall be heard upon the record in accordance with the Alabama Rules of Appellate Procedure. History: (Code 1907, §1397; Code 1923, §2212; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §553.)

of Interest and Damages Upon Affirmance of Judgment for Municipality. In the event a supersedeas bond has been given as provided in Section 11-48-43 and the said case is affirmed by the supreme court, it shall add to the judgment entered by the lower court interest thereon and 10…

Bond Not Required. The city or town may also appeal from any judgment of the circuit court without giving bond, and all appeals taken pursuant to this article shall be preferred cases in the supreme court. History: (Code 1907, §1399; Code 1923, §2214; Acts 1927, No. 639, p. 753; …

Execution and Order of Sale Upon Entry of Final Judgment in Favor of Municipality. In the event the final judgment is entered in favor of the city or town, execution may be issued thereon against the principal and sureties on the appeal bond, unless the amount of the judgment is …