Title 11

(a) Before the commission shall recommend the designation of an historic property or historic district, it shall hold a public hearing on the proposed recommendation of historic designation to be held at a time and place, and pursuant to such notices specified in the ordinance cr…

Upon the designation of any historic property or historic district by a municipality, pursuant to an ordinance enacted pursuant to this chapter, the historic preservation commission shall give notice in writing of that designation to all agencies of the municipality, and to all o…

(a) No change in the exterior appearance of an historic property or any building, structure, or site within an historic district may be made, and no historic property may be demolished, and no building or structure in an historic district may be erected or demolished unless and u…

(a) Any Class 7 or 8 municipality in this state may adopt a rural scenic right-of-way plan for the development, improvement, and use of right-of-way along municipal roads and streets and county roads within the corporate limits and police jurisdiction of the municipality except r…

This chapter shall apply only in a Class 2 municipality and provides the exclusive procedure for an expedited quiet title and foreclosure action for a Class 2 municipality, notwithstanding Section 24-9-8. Section 40-10-82 shall not apply to, restrict, or otherwise affect any caus…

The municipality shall record the court’s order in the probate court following the 42-day period after the entry of the order if no appeal is filed or after a final judgment on appeal from the decision of the circuit court on the municipality’s petition for an expedited quiet tit…

(a) Class 2 municipalities may initiate an expedited quiet title and foreclosure action under this chapter against a parcel of tax sale property located within its municipal limits and purchased by the municipality. The municipality shall record, in the office of the judge of pro…

The municipality may file a single petition with the clerk of the circuit court for the judicial circuit in which the subject property is located for an order to quiet title and expedite foreclosure to one or more parcels of property under this chapter. The petition shall identif…

The circuit court petition under Section 11-70-3 shall set the date, time, and place for a hearing on the petition within 90 days. The court, on the request of a party, may extend the 90-day period for good cause shown. (Act 2010-396, p. 644, §4.)

(a) Not less than 30 days before the date on which the hearing on the quiet title and foreclosure petition is scheduled, the municipality shall do both of the following: (1) Send a notice of the hearing to the interested parties identified under subsection (b) of Section 11-70-2 …

If the municipality is unable to identify the names and addresses of interested parties, or is unable to provide notice under Section 11-70-5, the municipality shall apply to the circuit court for an order to allow notice by publication. If so ordered, the municipality shall publ…

Prior to the circuit court hearing on the expedited quiet title and foreclosure action, the municipality shall file with the clerk of the circuit court proof of notice to the interested parties by certified and regular mail and of the posting on the property under subdivision (2)…

(a) If an interested party appears at the hearing and asserts a right to redeem the property, the party may redeem the property by paying all the taxes, interest, municipal liens, penalties, fees, and any other charges due and owing pursuant to Chapter 10 of Title 40, including t…

A municipality or interested party, within 42 days following the effective date of the judgment, may appeal the judgment of the circuit court to the Court of Civil Appeals. Any party appealing from an order vesting title in the municipality, as a condition of the appeal, shall id…

This chapter shall apply only in a Class 3 municipality and provides the exclusive procedure for an expedited quiet title and foreclosure action for a Class 3 municipality, notwithstanding Section 24-9-8. Section 40-10-82 shall not apply to, restrict, or otherwise affect any caus…

The municipality shall record the court’s order in the probate court following the 42-day period after the entry of the order if no appeal is filed or after a final judgment on appeal from the decision of the circuit court on the municipality’s petition for an expedited quiet tit…

(a) Any Class 3 municipality may initiate an expedited quiet title and foreclosure action under this section against a parcel of tax sale property located within its municipal limits and purchased by the municipality from the State Land Commissioner. The municipality shall record…

The municipality may file a single petition with the clerk of the circuit court for the judicial circuit in which the subject property is located for an order to quiet title and expedite foreclosure to one or more parcels of property under this section. The petition shall identif…

The circuit court petition under Section 11-70A-3 shall set the date, time, and place for a hearing on the petition within 90 days. The court, on the request of a party, may extend the 90-day period for good cause shown. (Act 2012-517, p. 1533, §4.)

(a) Not less than 30 days before the date on which the hearing on the quiet title and foreclosure petition is scheduled, the municipality shall do both of the following: (1) Send a notice of the hearing to the interested parties identified under subsection (b) of Section 11-70A-2…

If the municipality is unable to identify the names and addresses of interested parties, or is unable to provide notice under Section 11-70A-5, the municipality shall apply to the circuit court for an order to allow notice by publication. If so ordered, the municipality shall pub…

Prior to the circuit court hearing on the expedited quiet title and foreclosure action, the municipality shall file with the clerk of the circuit court proof of notice to the interested parties by certified and regular mail and of the posting on the property under subdivision (2)…

(a) If an interested party appears at the hearing and asserts a right to redeem the property, that party may redeem in accordance with Chapter 10 of Title 40. (b) If an interested party appears and fails to redeem, or if no one appears, the circuit court shall enter judgment on t…

A municipality or interested party may, within 42 days following the effective date of the judgment, appeal the judgment of the circuit court to the Court of Civil Appeals. Any party appealing from an order vesting title in the municipality shall, as a condition of the appeal, id…

For purposes of this chapter, the following terms have the following meanings: (1) INTERESTED PARTY. Any of the following: a. The person who last appears as owner of a particular real property in the office of the judge of probate’s property records. b. The current mortgagee of r…

(a) This chapter applies only to Class 1 municipalities. (b) This chapter shall not apply to owner-occupied property. (Act 2024-246, §2.)

(a) Notwithstanding any law to the contrary, any fees, penalties, and abatement costs imposed against real property for abatement of nuisances or violations of a Class 1 municipality’s housing and building codes adopted pursuant to state law, other than owner-occupied property, m…

(a) A Class 1 municipality may proceed with judicial in rem foreclosures of municipal code liens in accordance with this chapter by enacting an ordinance of the governing body of the Class 1 municipality where the real property is situated, which ordinance shall be sufficient aut…

(a)(1) After a municipal code lien has been recorded with the office of the judge of probate for the county in which the real property is situated, the governing body of a Class 1 municipality may identify by resolution those properties on which to commence a judicial in rem fore…

(a)(1) A Class 1 municipality shall request that a judicial hearing on the petition occur not earlier than 30 days nor later than 90 days following the filing of the petition. (2) At the judicial hearing, any interested party shall have the right to be heard and to contest the de…

(a) At any point prior to the conclusion of the sale described in Section 11-70B-8(a), any interested party may redeem the real property from the sale by payment of the redemption amount. Payment shall be made to the Class 1 municipality. Following receipt of the redemption payme…

(a) Following the hearing and order of the court in accordance with Section 11-70B-6, the court shall cause a sale of the real property to be advertised and conducted by the court in a manner similar to the procedure described in Section 40-10-15. The sale shall not occur earlier…

The Legislature makes the following statements and findings: (1) Cities have hundreds of miles of roads and streets located in subdivisions that are in need of upgrades or additions. These upgrades or additions are behind schedule and at the current rate will take considerably mo…

If at any time an authority has no assessments outstanding, and has paid all its indebtedness, and distributed any excess funds, the board may adopt a resolution recommending to the municipality that the authority be dissolved and liquidated. Upon delivery of a copy of the resolu…

Each homeowner and business assessed pursuant to this chapter, beginning in the 2012 tax year, shall be eligible for an income tax credit of 10 percent of the amount of assessment paid, not to exceed one thousand dollars ($1,000) credit in any tax year, for a period not exceeding…

This chapter shall automatically expire December 31, 2015, unless specifically extended by an act of the Legislature; however, all authorities in existence as of December 31, 2015, shall continue in existence until all existing projects of the authority are completed and the auth…

(a) This chapter shall be known as and may be cited as “The Neighborhood Infrastructure Incentive Plan Act of 2011.” (b) For purposes of this chapter, the following terms shall have the following meanings: (1) ASSESSMENTS. Voluntary assessments paid by property owners in an autho…

(a) A municipality of this state may authorize the creation of a Local Neighborhood Infrastructure Authority to manage, coordinate, and collect voluntary assessments from homeowners and business owners to participate in revitalization projects in their respective neighborhoods. I…

Any authority formed pursuant to this chapter shall have the following powers, in addition to those stated elsewhere in this chapter: (1) To enter into competitively bid contracts and agreements affecting the infrastructure projects of the district. (2) To hold public meetings wi…

(a) Authorities, members of boards of directors, officers, and agents of the authority shall have the same immunity from liability as a municipality and its officers unless their actions are unreasonable when compared to that of a similarly situated individual, or the actions are…

(a) Initial members of the board shall serve terms of office of four years, or until dissolution of the authority, whichever is sooner. Upon the expiration of the initial term of office of any member of the board, the person shall remain a member of the board until his or her suc…

(a) Upon the making of the preliminary assessments, the authority shall prepare contracts and shall contract on a competitively bid basis for the acquisition, construction, or installation of all projects as specified in the petition. (b) Because authority infrastructure projects…

Following the completion of the acquisition, construction, or installation of the projects, if there are excess funds from assessments, after fully funding all reserves and contingency funds, the excess funds shall be refunded in a manner determined to be equitable by the board, …

Following completion of all projects of an authority and the dedication of the projects and related facilities, the municipality must formally accept the dedication of such facility and projects. (Act 2011-689, p. 2105, §9.)

(a) This chapter shall apply only in a Class 2 municipality. (b) It is hereby declared that the trees on private property and in publicly owned areas within a Class 2 municipality, including particularly those in street rights-of-way, are both an economic and an aesthetic asset t…

Any person aggrieved by any decision of any officer or agent of the commission to whom its duties are delegated, or of any decision of the commission may appeal to the city council of the Class 2 municipality under any such rules and regulation as the city council may adopt. Any …