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Alabama Statutes, Title 11

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Alabama/Statutes

← All Alabama coverage

Title 11

143 chapters · 3,669 sections in this title.

All chapters in Title 113,669 Ch 50, Public Utilities264 Ch 81, Municipal and County Bonds173 Ch 51, Taxation144 Ch 42, Alteration of Corporate Limits124 Ch 47, Powers, Duties and Liabilities Generally117 Ch 54, Promotion of Industry, Trade, Commer…108 Ch 43A, Council-Manager Form of Government103 Ch 88, Water, Sewer and Fire Protection Aut…103 Ch 43, Mayor and Council, Other Officers, E…101 Ch 44C, Government of Class 2 Municipalities100 Ch 43C, Mayor-Council Form of Government in …92 Ch 48, Public Improvements and Assessments …78 Ch 44E, Adoption of Mayor/Commission/City Ma…77 Ch 46, Elections65

3,669 sections·Filtered byTitle 11✕

Ala. Code § 11-88-111 Effect of Annexation or Incorporation of Area in Which Assessments for Improvement Made Upon Assessments, Liens, Bonds, Etc
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The subsequent annexation to a municipality or incorporation as a new municipality of any area with respect to which assessments have been made for an improvement pursuant to this article shall not change, alter, or invalidate in any manner any of the proceedings taken, assessmen…
Ala. Code § 11-88-40 Definitions
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When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY. A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended. (2) BOARD…
Ala. Code § 11-88-41 Legislative Findings and Declarations; Powers Granted Authorities by Article to Be Exercised Only in Resort Areas and with the Consent of County Governing Bodies
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(a) The Legislature hereby finds, determines, and declares that it is necessary and desirable that authorities whose service area includes a resort area be authorized to exercise the powers granted by this article, after proper action by a governing body or bodies, since the pred…
Powers of Authorities Generally

Showing 3,151–3,200 of 3,669

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Ala. Code § 11-88-42

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Any authority authorized pursuant to this article may design or cause to be designed, contract for and execute or cause to be executed the construction or reconstruction of any improvement in its service area, and may cause the cost and expense of all or any part of any such impr…

Ala. Code § 11-88-43 Adoption of Resolution by Board Describing Improvement, Property Benefited, Etc., and Directing Drawing, Etc., of Details, Drawings, Plans, Etc

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When the board shall determine to make an improvement, the cost of which or any part thereof it is proposed to assess against the property abutting on or drained, served, or otherwise specially benefited or increased in value by the said improvement, it shall adopt a resolution t…

Ala. Code § 11-88-44 Filing of Details, Drawings, Plans, Etc., for Examination by Property Owners; Appointment of Date for Hearing of Objections as to Improvement, Etc

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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 for in this article in the office of the board or some other place designated in such resolution where…

Ala. Code § 11-88-45 Publication of Resolution and Mailing of Copies Thereof to Persons Last Assessed for Taxation on Property Which May Be Assessed for Improvement

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The said resolution must be published once a week for two consecutive weeks in some newspaper published in each county in which any part of the improvements will be constructed and having general circulation therein. A copy of the said resolution shall also be sent by registered …

Ala. Code § 11-88-46 Hearing Upon Objections to Improvement, Etc.; Confirmation, Amendment, Rescission, Etc., of Resolution by Board; When Unanimous Vote of Board Required to Approve Resolution

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At the said meeting or at a place and time to which the same may be adjourned, all persons whose property may be affected by the proposed improvement may appear in person or by attorney or by petition and object or protest against the said improvement, the materials to be used or…

Ala. Code § 11-88-47 Publication of Notice for Bids; Letting of Contract; Requirement of Bonds, Etc., from Bidders, Etc.; Construction of Improvement, Furnishing of Labor, Etc., by Authority

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(a) If the board shall finally order the making of the proposed improvement, 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, including alternates, i…

Ala. Code § 11-88-48 Supervision of Work

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All work done or improvements made under the provisions of this article shall be done under the supervision of the engineer or other superintendent appointed for that purpose by the board; provided, that the engineer or other superintendent so appointed shall not be related by bl…

Ala. Code § 11-88-49 Acceptance or Rejection of Work

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In case of any controversy of dispute, the board shall be invested with sole and exclusive power to determine whether any improvement has been completed in accordance with the terms of the contract therefor and to accept or reject such work on the part of the authority. (Acts 197…

Ala. Code § 11-88-50 Payment of Cost of Improvement by Board; Specification of Cost of Improvement

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(a) The board may pay out of the general funds of the authority 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. (b) The cost of any improvement shall include the expense of the preliminary and ot…

Ala. Code § 11-88-51 Levy of Assessments for Cost of Improvement on Abutting or Benefited Property Authorized

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If any such improvement be finally ordered and constructed, the board shall have power, after the completion and acceptance thereof, to assess the cost of constructing the said improvement or any part thereof upon or against the property abutting on any street, avenue, alley, hig…

Ala. Code § 11-88-52 Manner of Assessment Generally; Limitation as to Amount of Assessment

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The cost of any part of such improvement may be assessed in fair proportion against the frontage of the property drained by the said improvement or against all the lots or parcels of land lying within the area drained, served, or benefited, but the assessment shall not exceed the…

Ala. Code § 11-88-53 Preparation of List of Property Owners Proposed to Be Assessed for Improvement

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When any improvement is completed, the chairman or other chief executive officer of the board 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 land proposed to be assessed for such imp…

Ala. Code § 11-88-54 Entry of List in Assessment Book of Improvements; Contents and Status Thereof

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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 authority. The said book shal…

Ala. Code § 11-88-55 Publication of Notice as to Assessment Book

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After the completion of the proper entries of each improvement, the said book shall be delivered to the secretary of the authority, who shall thereupon give notice by publication one time in some newspaper published in each county in which any part of the improvements have been c…

Ala. Code § 11-88-56 Filing of Written Objections or Defenses to Proposed Assessments; Effect of Failure to File Same

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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 the said improvement may appear at any time on or before the date named in the said notice or at the said meeting and file in writing with the secreta…

Ala. Code § 11-88-57 Hearing of Objections and Defenses to Proposed Assessments by Board Generally

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At a time and place mentioned in the said published notice, not less than 20 days from the date of publication, the board shall meet to hear and determine any objections or defenses that may be filed to such assessments or the amount thereof. (Acts 1973, No. 826, p. 1293, §18.)

Ala. Code § 11-88-58 Subpoena, Etc., of Witnesses by Board

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The board, by the secretary or its executive officer, may issue subpoenas for witnesses to appear before the governing body or any committee thereof and may administer oaths to any witness to be examined. (Acts 1973, No. 826, p. 1293, §21.)

Ala. Code § 11-88-59 Board to Hear and Pass Upon Objections to Proposed Assessments

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The board shall hear and pass upon all such objections to and protests against the proposed assessments under such reasonable rules and regulations as it may adopt. (Acts 1973, No. 826, p. 1293, §20.)

Ala. Code § 11-88-60 Fixing of Amount of Assessment by Board; Assessment to Constitute Lien on Property Against Which Levied; Reduction or Abatement of Final Assessment by Board Generally

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At such meeting or any adjournment thereof, the board shall proceed by resolution to fix the amount of the assessment against each lot or tract of land described and included in the said assessment roll, and all such assessments, from the date of such order or resolution, shall b…

Ala. Code § 11-88-61 Effect of Defects in Notice or Proceedings; Supplementary Proceedings for Correction of Defects

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If there be any defect in the said notice or proceedings before or subsequent to the 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 …

Ala. Code § 11-88-62 Reduction or Abatement of Assessments by Board

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The board shall have the power to reduce or abate any assessment made for improvements in cases where such assessment has been levied or attempted to be levied against property owned by the State of Alabama or by a county or owned by any church, hospital, or other charitable orga…

Ala. Code § 11-88-63 Transfer and Assignment of Liens by Authorities

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An authority may transfer and assign such liens to the contractor or contractors who made the said improvement or improvements or to any other person. (Acts 1973, No. 826, p. 1293, §24.)

Ala. Code § 11-88-64 Enforcement of Liens by Circuit Courts; Amounts Recovered in Civil Actions to Enforce Liens

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

Ala. Code § 11-88-65 Enforcement of Lien on Property for State, County, Etc., Taxes Not to Discharge or Affect Lien of Authority for Assessment; Duration of Liens

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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 shall not operate to discharge or in any manner affect the lien of the authority for the assessment, but any purchaser at any tax sale…

Ala. Code § 11-88-66 Effect of Enforcement of Assessment Lien Upon Other Improvement Assessment Liens on Property

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The enforcement by an authority of its lien for an assessment levied for one improvement by the sale of property shall not operate to discharge or in any way affect the lien of any other assessment for a different improvement on the same property, but the purchaser at such sale s…

Ala. Code § 11-88-67 Appeal from Assessments to Circuit Court - Authorization and Procedure Generally

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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. (Acts 1973, No. 826, p. 1293, §28.)

Ala. Code § 11-88-68 Appeal from Assessments to Circuit Court - Establishment of Amount of Appeal Bond and Approval of Sureties Thereon; Conditions of Bond

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

Ala. Code § 11-88-69 Appeal from Assessments to Circuit Court - Entry of Appeal on Trial Docket

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The appeal shall be entered on the trial docket in the circuit court and shall be a preferred case therein. (Acts 1973, No. 826, p. 1293, §30.)

Ala. Code § 11-88-70 Appeal from Assessments to Circuit Court - Transmittal to Circuit Court of Transcript of Proceedings of Authority as to Assessment; Contents Thereof

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Upon the filing and the approval of the appeal bond, the secretary of the authority, upon notice thereof, shall immediately send to the clerk of the circuit court to which the appeal may be taken, a transcript of all the proceedings of the authority relating to such assessment, s…

Ala. Code § 11-88-71 Appeal from Assessments to Circuit Court - Transcript Deemed Prima Facie Evidence of Correctness of Assessment, Etc

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Upon the hearing of such appeal, the introduction of such transcript and papers shall be prima facie evidence of the correctness of such assessment and that the said property and persons are justly indebted to the authority for the amount of the said assessment. (Acts 1973, No. 8…

Ala. Code § 11-88-72 Appeal from Assessments to Circuit Court - Conduct of Trial Generally; When Costs of Appeal and Trial Adjudged Against Authority

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The said appeal may be tried on the record without other pleadings and the court shall hear all objections of the property owners to the said assessment and the amount thereof, shall determine whether or not such assessment exceeds the increased value of such property by reason o…

Ala. Code § 11-88-73 Appeal from Assessments to Circuit Court - Entry of Judgment for Amount Properly Chargeable Against Land Where Assessment Defective; Payment of Costs

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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 be charged, the court may, nevertheless, on application of the auth…

Ala. Code § 11-88-74 Appeal from Judgment of Circuit Court to Supreme Court - by Property Owner - Authorization and Procedure Generally

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An appeal may be taken to the Supreme Court of Alabama by any person interested in the said property from the judgment entered by the said court within 42 days upon giving bond for costs of appeal or, if a stay of execution is desired, upon giving further bond in such sum as the …

Ala. Code § 11-88-75 Appeal from Judgment of Circuit Court to Supreme Court - by Property Owner - Appeal to Be Heard on Record

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Such appeal shall be heard upon the record, which shall set out such of the evidence as may be necessary to a fair presentation of the case. (Acts 1973, No. 826, p. 1293, §36.)

Ala. Code § 11-88-76 Appeal from Judgment of Circuit Court to Supreme Court - by Property Owner - Addition by Supreme Court of Interest and Damages to Judgment of Circuit Court Upon Affirmance

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In the event a supersedeas bond has been given and the said case is affirmed by the Supreme Court, it shall add to the judgment entered by the circuit court interest thereon and 10 percent damages for delay. (Acts 1973, No. 826, p. 1293, §37.)

Ala. Code § 11-88-77 Appeal from Judgment of Circuit Court to Supreme Court - by Authority

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The authority may also appeal from any judgment of the said circuit court, without giving bond. All appeals taken pursuant to this article shall be preferred cases in the Supreme Court. (Acts 1973, No. 826, p. 1293, §38.)

Ala. Code § 11-88-78 Issuance of Execution on Appeal Bond and Sale of Property Assessed When Final Judgment Entered in Favor of Authority

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In the event the final judgment is entered in favor of the authority, execution may be issued thereon against the principal and sureties on the appeal bond, unless the amount of the judgment is paid within 30 days from the date of such judgment, and the court shall, by further or…

Ala. Code § 11-88-79 Manner of Payment of Assessments Generally

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The authority, in ordering any 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, that the…

Ala. Code § 11-88-80 Entire Assessment Due and Payable Upon Default in Payment of Assessment or Installments Thereof; Advertisement and Sale of Property Assessed for Improvement Generally

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If the property owner who has not elected to pay in installments fails to pay his assessment 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 makes default in the payment of any annual insta…

Ala. Code § 11-88-81 Defaulting Property Owner May Pay Assessment, Etc., Prior to Sale

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Any property owner, notwithstanding his default, may pay the assessment with interest and all costs, if tendered before a sale of the property. (Acts 1973, No. 826, p. 1293, §42.)

Ala. Code § 11-88-82 Cost of Advertisement and Sale to Constitute Charge Against Property to Be Sold

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The cost of such advertisement and sale shall constitute a charge against the property to be sold and shall be retained out of the proceeds of the sale. (Acts 1973, No. 826, p. 1293, §43.)

Ala. Code § 11-88-83 Officer Making Sale to Execute Deed to Purchaser; Rights, Title, Etc., Conveyed to Purchaser by Deed; Disposition of Surplus Proceeds from Sale; Purchase of Property by Board

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The officer making such sale shall execute a deed to the purchaser, which shall convey all the right, title, and interest which the party against whose property the assessment was made had or held in the said property at the date of making such assessment or on the date of making…

Ala. Code § 11-88-84 Effect of Mistakes in Advertisement or Sale; Supplementary Proceedings for Correction of Errors; Enforcement of Lien by Purchaser

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No mistake in the publication provided for in Section 11-88-80 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 authority is ineffectual to pass title, it shall operate as an assi…

Ala. Code § 11-88-85 Redemption of Property After Sale - Authorization and Procedure Generally

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Any real property sold for the satisfaction of an assessment lien imposed thereon by the board may be redeemed by the former owner or his assigns or other person authorized to redeem property sold for taxes by the State of Alabama, within two years from the date of such sale, by …

Ala. Code § 11-88-86 Redemption of Property After Sale - Extension of Redemption Period

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The fixed two-year period of redemption allowed by Section 11-88-85 for the redemption of any property sold for the satisfaction of any such lien shall be extended to a date 60 days after the date of certificate of warning to redeem provided for in Section 11-88-87, but in no eve…

Ala. Code § 11-88-87 Redemption of Property After Sale - Application for Entry in Record of Deeds of Certificate of Warning to Redeem; Form of Certificate

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At any time after an improvement assessment sale deed has been recorded in the office of the probate judge and after expiration of the fixed two-year period of redemption allowed by Section 11-88-85, any person may apply to such probate judge for entry in the record of deeds of a…

Ala. Code § 11-88-88 Redemption of Property After Sale - Applicant to Deliver Copies of Improvement Assessment Sale Deed to Probate Judge; Examination, Etc., of Deeds, Etc., by Probate Judge; Mailing of Copies of Deed and Warning to Redeem to Persons Last Assessed for Ad Valorem Taxation on Property; Entry in Record of Deeds of Certificate of Warning by Probate Judge; Termination of Redemption Rights

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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 the said deed with a notation thereon of the deed book and page where recorded and shall pay to the said probate judge a fee of …