Title 11 — Title 11

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 …

The municipality, in ordering any local improvement the cost of which or any part thereof is to be assessed against any property in accordance with the provisions of this article, may provide that the same shall be paid in cash within 30 days after the final assessment, provided …

Any Class 2 municipality, in ordering any local improvement the cost of which or any part thereof is to be assessed against any property in accordance with the provisions of this section, may provide that the same shall be paid in cash within 30 days after the final assessment, p…

Assessment, Installment, or Interest - Notice. If the property owner who has not elected to pay installments fails to pay his assessments within 30 days or, having elected to pay in installments, fails to pay the first installment in 30 days from the date of the assessment or mak…

Improvement, Ordering Preparation of Plans, Specifications, Etc., Thereof, Etc. (a) When the council of any city or town shall determine to open, widen, extend, construct, or improve any street, alley, avenue, sidewalk, highway, or other public place or to make any other public i…

Assessment, Installment or Interest — Payment of Assessment Prior to Sale. Any property owner, notwithstanding his default, may pay the assessment with interest and all costs if tendered before a sale of the property. History: (Code 1907, §1403; Code 1923, §2218; Acts 1927, No. 6…

Assessment, Installment or Interest — Costs of Notice and Sale Charged Against Land, Etc. The cost of such notice and sale shall constitute a charge against the property to be sold and shall be retained out of the proceeds of the sale. History: (Code 1907, §1404; Code 1923, §2219…

Assessment, Installment or Interest - Execution, Etc., of Deed to Purchaser at Sale; Disposition of Surplus from Sale; Purchase of Property by Municipality. The officer making such sale shall execute a deed to the purchaser, which shall convey all the right, title, and interest w…

Assessment, Installment, or Interest - Effect of Error or Defect in Notice or Sale. No mistake in the notice of sale in the description of the property or in the name of the owner shall vitiate the assessment or the lien and if, for any reason, the sale made by the city or town i…

Any real property heretofore or hereafter sold for the satisfaction of a local improvement assessment lien imposed thereon by the governing body of a municipality may be redeemed by the former owner, or his assigns, or other person authorized to redeem property sold for taxes by …

The fixed two year period of redemption allowed by Section 11-48-54 for the redemption of any property heretofore or hereafter sold for the satisfaction of any assessment lien may be extended to a date 60 days after the date of the certificate of warning to redeem provided for in…

of Local Improvement Assessment Sale Deed; Contents of Certificate. At any time after a local improvement assessment sale deed has been recorded in the office of the probate judge of the county in which the property therein described lies and after expiration of the fixed two-yea…

Upon Property Described in Deed by Probate Judge; Entry of Certificate on Record of Deed, Etc. At the time of application for entry of such certificate of warning to redeem, the applicant shall deliver to the probate judge three correct copies of said deed with a notation thereon…

Redemption may be effected after expiration of the fixed two-year period of redemption allowed or provided by Section 11-48-54 and before the extended period of redemption has expired in the same manner and at the same redemption price as is provided in Section 11-48-54; provided…

Errors in Performance of Duties. The duties imposed upon the probate judge in Sections 11-48-54 through 11-48-58 may be performed in his name and stead by any person or persons thereunto authorized by him. The faithful performance of such duties may be compelled by mandamus, but …

Engineer for Public Inspection; Establishment of Date for Hearing of Objections as to Improvements. Such details, drawings, plans, specifications, surveys, and estimates shall, when completed, be placed on file not later than two weeks prior to the date of the meeting provided fo…

Sections 11-48-54 through 11-48-58 shall not apply to unimproved real estate that has been heretofore purchased by any municipality at a municipal assessment sale and by said municipality sold to a third party prior to March 16, 1939. History: (Acts 1939, No. 204, p. 354; Code 19…

Work to Pay for Cost of Improvement. (a) For the purpose of providing funds to pay the cost of any improvement made under the provisions of this article, the governing body of any municipality may: (1) Borrow money temporarily on the faith and credit of the municipality, executin…

If bonds have not been issued during the progress of the work as authorized by Section 11-48-61, the municipality may, after completion of the work, sell and issue bonds not exceeding an amount sufficient to pay the then outstanding principal of and interest on any temporary loan…

Generally. Bonds issued under the provisions of this article shall be subject to the provisions of existing law relating to the issuance of municipal bonds. History: (Code 1907, §1410; Code 1923, §2225; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §572.)

Whenever in the judgment of the municipality it may be necessary or expedient for the carrying out and full exercise of the powers granted by this article, such municipality may acquire by purchase or condemnation the necessary lands or rights or easements or interests therein, t…

Repair Sidewalks, Etc. Nothing in this article shall be so construed as to take from any city or town or in any manner affect the power and authority to compel the property owners, by penal ordinance or otherwise, to repair the sidewalks in front of their property in such manner …

Owners of Ordinance or Resolution. Said ordinance or resolution must be published once a week for two consecutive weeks in some newspaper published in said city or town, and, if no newspaper is published therein, it may be published either in a newspaper of general circulation in…

Modification, Rescission, Etc., of Ordinance or Resolution; Actions Ratified and Confirmed Where Prior to Ordinance, Resolution or Hearing. (a) At the meeting, to be held as provided for as specified in Section 11-48-6, or at a place and time to which the same may be adjourned, a…

When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) STREET IMPROVEMENTS. Filling, grading, leveling, graveling, slagging, cherting, macadamizing, paving, draining, or other…

Assessment of Cost Thereof Against Property Benefited, Etc., Outside Corporate Limits Generally; Requirement as to Consent of Property Owners, Etc. (a) Each city in this state having a population of 6,000 or more inhabitants, according to the most recent federal census or any off…

Improvements. Each such city shall have the same power to issue its general obligation bonds and other general obligation securities to pay the cost of public improvements constructed in the police jurisdiction of such city that it may have under any law now existing or hereafter…

to Pay Cost of Improvements. Each such city shall also have the power to finance the construction of public improvements in the police jurisdiction of such city by the issuance of its bonds payable solely out of the proceeds from assessments then made or to be thereafter made aga…

Thereof by Council. The council may pay out of the general funds of the city or town or any special fund that may be provided for the purpose such portion of the cost of the proposed improvement as it may deem proper. The cost of any improvement contemplated by this article shall…

Public Utility or Private Enterprise; Fees. (a) No person, firm, association, or corporation may use the streets, avenues, alleys, and other public places of cities or towns for the construction or operation of any public utility or private enterprise without first obtaining the …

Building, Etc., Thereon - Authorized Generally. Whenever in the judgment of the council or other governing body of any town or city it is to the interest of the public convenience that a portion of any street in the limits of such city or town be vacated and discontinued as a hig…

Building, Etc., Thereon - Publication of Notice as to Introduction of Ordinance and Time for Consideration Thereof by Council, Etc. - Required. No ordinance vacating a portion of a street as provided by Section 11-49-100 shall be adopted until after the expiration of 30 days afte…

Building, Etc., Thereon - Publication of Notice as to Introduction of Ordinance and Time for Consideration Thereof by Council, Etc. - Payment of Costs Thereof. The state, county, or municipality or the railroad or street railroad company or corporation for whose use as a site in …

Building, Etc., Thereon - Two-Thirds Vote of Council, Etc., Required. Any ordinance for the vacation of a part of a street and erection of buildings thereon as is provided for in Section 11-49-100 shall be adopted only by a two-thirds vote of the council or other governing body. …

A sufficiently ample portion of the highway or thoroughfare which such street in whole or in part constitutes shall remain open to accommodate the travel and traffic of the owners of abutting property and of the general public, and not more than one half of the width of such high…

The fee of such vacated portion of a street shall remain in the city or town, but the council or other governing body may grant the right to maintain thereon a state, county, or municipal public building or a railroad station or depot or street railroad station or depot so long a…

The party for whom the street may be vacated under this article shall be liable to the owners of property adjacent thereto in any civil action for any special damages suffered by them. History: (Acts 1909, No. 67, p. 102; Code 1923, §2244; Code 1940, T. 37, §669.)

Regulation, Construction, Etc., of Sidewalk Repairs. Cities and towns may prohibit openings being made on the sidewalks for cellar entrances and may close the same and may prescribe plans and specifications to be followed for such openings, if allowed. They may prohibit stationar…

of Ferries. (a) The mayor and council or other governing bodies of incorporated municipalities in this state have the exclusive power and authority to establish or authorize the establishment of ferries on rivers which in whole or in part constitute the dividing line between two …

Procedure Generally. On application for a license for establishment of a ferry, where the banks on each side belong to the same person, such person is entitled to the prior right of establishing a ferry; when the banks belong to different persons, the municipal authorities may gr…

Publication, Posting, Etc., of Notice of Application. No license for a ferry shall be granted until 20 days’ notice of the intended application shall have been given by notice published in a newspaper and posted at the city hall of such municipality and at the courthouse door of …

Crossings Only; Annulment of Nonconforming Licenses. Such license for a ferry shall be granted only at the crossing of a river at a point where a public highway has been established. All licenses granted at points governed by this article and not in conformity with the provisions…