Title 11 — Title 11
0 chapters · 2,499 sections in this title.
Ala. Code § 11-42-211 Map or Plat, Etc., Evidence of Municipal Boundaries
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Said map or plat, the record thereof or a certified copy therefrom, whether the same is adopted without objection or adopted after election as provided in this article, shall be evidence in any court of this state as to the proper boundaries of said city or town. History: (Acts 1…
Ala. Code § 11-42-212 Laws Governing Territory Within Corporate Limits Established Pursuant
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to Article; Jurisdiction as to Same. The territory included within the corporate limits established under the provisions of this article shall be subject to all the laws and ordinances of said city or town then in force or that may thereafter be adopted, and said city or town sha…
Ala. Code § 11-42-213 Fees and Compensation of Probate Judge and Other Officers for
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Services Rendered. The judge of probate for services rendered under the provisions of this article shall be entitled to charge a fee of $10.00. All other officers shall be entitled to the same compensation for services rendered by them as they are authorized by law to charge for …
Ala. Code § 11-42-22 Subsequent Extensions of Corporate Limits
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Any incorporated municipality having extended its corporate limits under the provisions of this article or any other law may again extend its corporate limits under this article or under any other law authorizing an extension of the corporate limits by such incorporated municipal…
Ala. Code § 11-42-23 Provisions of Article Not Exclusive
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The provisions of this article shall in no wise preclude any municipality from extending its corporate limits by annexation in any other way or manner that may be authorized by law. History: (Acts 1971, No. 2228, p. 3585, §3.)
Ala. Code § 11-42-24 Construction of Article
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This act [amended sections 11-42-21, 11-42-22] shall not be construed to affect any proposed annexation, done under the provisions of this article, in progress at the time this act [amended sections 11-42-21, 11-42-22] becomes a law; nor shall it affect any proceedings in a court…
Ala. Code § 11-42-3 Subsequent Extensions of Corporate Limits; Requirement as to
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Resolutions, Orders, or Notices Under Article. (a) Any city or town having extended its corporate limits under the provisions of this article or other law may again extend its corporate limits under this article or under any other law authorizing an extension of corporate limits …
Ala. Code § 11-42-30 Annexation of Territory Contiguous to Public University
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Notwithstanding any other provision of law, any Class 6 municipality may annex land or territory pursuant to the provisions of this chapter, provided the land or territory is contiguous to land or territory owned by a public university when the land or territory owned by the univ…
Ala. Code § 11-42-4 Subsequent Elections Not to Be Held Within 12 Months of Preceding
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Election. After an election has been held in any territory under the provisions of this article or any other law, no other or subsequent election shall be ordered or held for the same territory or any part thereof within 12 months next after said election. History: (Code 1907, §1…
Ala. Code § 11-42-40 Applicability of Provisions of Article; Provisions of Article Not Exclusive
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Any city having 25,000 inhabitants or more, as shown by the last federal census, from time to time, may extend its corporate limits in the manner and with the rights, powers, and privileges as set forth in this article, but the provisions of this article shall not preclude any ci…
Ala. Code § 11-42-41 Passage of Resolution to Annex Territory
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The council or governing body of the city may pass a resolution to the effect that the public health or public good requires that certain territory (described in the resolution) shall be brought within the limits of the city. History: (Code 1907, §1076; Code 1923, §1770; Code 194…
Ala. Code § 11-42-42 Certification and Filing of Resolution and Map or Plat of Territory to Be
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Annexed with Probate Judge. (a) The mayor or other executive head of the city shall certify a copy of such resolution to the judge of probate of the county in which the land proposed to be brought into the city is situated, and said certified resolution shall have attached theret…
Ala. Code § 11-42-43 Ordering of Election
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Within 10 days of the date of the filing of such certified copy of resolution with plat or map attached, the judge of probate must make and enter an order upon the minutes of said court directing and ordering an election to be held by the qualified electors residing within the te…
Ala. Code § 11-42-44 Notice of Election
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The said judge of probate shall give notice of the holding of such election by publication in at least one newspaper and, at the discretion of the judge, in more than one newspaper published in the county wherein such election is to be held, which notice shall state the day on wh…
Ala. Code § 11-42-45 Designation of Voting Places and Boundaries for Voting
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The judge of probate may designate as many voting places within the territory proposed to be annexed as he may deem necessary for the convenience of the voters and must designate the boundaries within which the voters must reside to vote at the respective voting places. History: …
Ala. Code § 11-42-46 Appointment of Inspectors and Returning Officers; Duty of Inspectors
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Generally. The probate judge shall appoint three inspectors of election and one returning officer for each voting place. The inspectors shall manage the election at the respective voting places at which they are appointed inspectors. History: (Code 1907, §1081; Code 1923, §1775; …
Ala. Code § 11-42-47 Qualifications for Voting; Electors to Vote at Designated Voting Places
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Each qualified voter who has resided within the boundaries of the territory proposed to be brought into the city for three months next preceding the election may vote at such election, but must vote at the voting place designated by the judge of probate for voters in the territor…
Ala. Code § 11-42-48 Applicability of General Election Laws
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The election to determine whether or not the proposed territory shall be brought within the corporate limits of the city must be conducted in all respects as provided by the general election laws and under the same sanction and penalties, except as changed by the provisions of th…
Ala. Code § 11-42-49 Ballots
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Each voter may furnish his own ballot with the following words written or printed thereon: “For annexation,” if he desires to vote in favor of annexing the territory to the city or “Against annexation,” if he desires to vote against annexing the territory to the city. It shall no…
Ala. Code § 11-42-5 Validation of Certain Prior Annexations
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Every annexation undertaken prior to May 31, 2023, under any statutory procedure for annexation by any municipality and which the annexation procedure has been completed, notwithstanding any irregularity or defect in the procedure, is ratified and confirmed and given effect in al…
Ala. Code § 11-42-50 Ascertainment, Certification, and Delivery of Election Results
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The inspectors at the respective voting places must, as soon as the polls are closed, ascertain and certify the results of the election at their respective voting places to the judge of probate and deliver the same to the returning officer, who must at once return the same to the…
Ala. Code § 11-42-51 Canvassing of Returns; Entry, Recordation, Etc., of Orders, Maps, Etc.,
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as to Annexation of Territory. The judge of probate must canvass the returns as made by the inspectors and if it appears that a majority of the votes cast at the election were “for annexation” the judge shall make and enter an order on the records of the probate court adjudging a…
Ala. Code § 11-42-52 Contests of Election
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The result of such election may be contested by any qualified elector voting at the election in the manner provided for control of general municipal elections, making the city the contestee. History: (Code 1907, §1087; Code 1923, §1781; Code 1940, T. 37, §150.)
Ala. Code § 11-42-53 Costs of Election
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The city at whose instance the election is held shall pay all cost and expense incident to the election. History: (Code 1907, §1088; Code 1923, §1782; Code 1940, T. 37, §151.)
Ala. Code § 11-42-54 Subsequent Extensions of Corporate Limits
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Any city having extended its corporate limits under the provisions of this article or any other act or law may again extend its corporate limits under this article or under any other act or law authorizing an extension of corporate limits by such city. History: (Code 1907, §1123;…
Ala. Code § 11-42-55 Requirement as to Resolutions, Orders, or Notices Under Article
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In every proceeding to extend the corporate limits of any city under the provisions of this article the council of such city shall declare in each and every resolution provided for in this article and the probate judge shall declare in each and every order directing and ordering …
Ala. Code § 11-42-56 Subsequent Elections Not to Be Held Within 12 Months of Preceding
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Election. After an election has been held in any territory under the provisions of this or any other similar law, no other or subsequent election shall be ordered or held for the same territory or any part thereof within 12 months next after said election. History: (Code 1907, §1…
Ala. Code § 11-42-57 Exemption from Taxation of Territory Annexed and Property Therein
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All territory brought within the corporate limits of a city under the provisions of this article and all property having a situs within such territory shall be exempt from city taxation or the payment of taxes to the city for the period of not less than 10 nor more than 15 years …
Ala. Code § 11-42-58 Certain Annexed Territory and Property Therein Subject to Taxation
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After Five Years. From time to time after the lapse of five years from the time when such territory is brought within the corporate limits of the city, all portions of such territory as has residing on it a population of at least 20 persons on a contiguous 10 acres of land (in fo…
Ala. Code § 11-42-59 Exemption from Taxation of Mining, Manufacturing, or Industrial Plants,
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Etc., in Annexed Territory. All portions of such territory which is at the time it is brought within the corporate limits of the city used or occupied as or as a part of a mining, manufacturing, or industrial plant or construction or which is used or occupied as or as a part of a…
Ala. Code § 11-42-6 Bill to Contain Accurate Description of Territory and Plat or Map; Copies
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of Map to Be Furnished to Judge of Probate; Notice of Intention to Apply for Local Law Annexing Territory. (a) Any bill introduced in the legislature which attempts to annex territory to any municipality or to otherwise change the boundary lines of any municipality shall contain …
Ala. Code § 11-42-60 Passage, Certification, Filing with Probate Judge, Etc., of Resolution
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Declaring Annexed Territory Subject to Taxation and Map of Same. Whenever and as often as the facts exist which authorize a city to collect taxes from and on any portion of the territory brought within the corporate limits under the provisions of this article, the council or gove…
Ala. Code § 11-42-61 Notice of Passage of Resolution and Hearing for Property Owners to
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Show Cause Why Property Should Not Be Subject to Taxation. The mayor or other governing head of the city, within five days of the time he files the certified copy of such resolution with map attached as provided in section 11- 42-60, shall give notice by publication once a week f…
Ala. Code § 11-42-62 Separately Owned Lands May Be Embraced in Single Resolution or
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Notice. Land owned by any number of separate and distinct owners may be embraced in the same resolution passed by the board or governing body of the city, and notice or citation by publication may be given to all owners by the mayor in one notice, but each owner shall have the ri…
Ala. Code § 11-42-63 Filing of Contest as to Right of City to Tax Lands or Property; City to File
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Separate Causes Against Contesting Property Owners. (a) On the day fixed in the notice or any day to which said cause may be continued, any owner of any of the property declared to be subject to taxation by the city in the resolution may file with the judge of probate a contest c…
Ala. Code § 11-42-64 Rendition of Decree Adjudging Property Subject to Taxation, Etc., as to
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Noncontesting Property Owners. On the day fixed in the citation published by the mayor for the hearing before the judge of probate or the day to which such case is continued, as to such property owner or owners as do not file a contest, the judge of probate shall render a decree …
Ala. Code § 11-42-65 Hearings on Contests as to Right to Tax; Rendition of Decree as to
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Taxation of Property. (a) As to each cause against a property owner who filed a contest, the judge of probate may set the same for hearing at such time as he sees fit, and on the hearing shall hear such evidence as is introduced by either the property owner or the city and shall …
Ala. Code § 11-42-66 Appeals from Judgment of Probate Judge - Filing; Security for Costs;
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Right to Jury Trial. The property holders of the city shall have the right to appeal from the judgment of the judge of probate to the circuit court of the county in which the land is situated, within 10 days from the rendition of the judgment by the judge of probate, the property…
Ala. Code § 11-42-67 Appeals from Judgment of Probate Judge - Issuance and Service of
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Notice of Appeal. The judge of probate, within 10 days after an appeal is taken, shall issue notice to the opposite party of the appeal, and place such notice in the hands of the sheriff of the county, and the sheriff shall serve such notice upon the party to whom the same is iss…
Ala. Code § 11-42-68 Appeals from Judgment of Probate Judge - Transmittal of Papers to
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Clerk of Circuit Court; Withdrawal of Map and Certified Resolution from Files of Probate Judge for Use in Circuit Court. If an appeal is taken, the judge of probate shall transmit all papers in the action, except the map and certified resolution, to the clerk of the court to whic…
Ala. Code § 11-42-69 Trial and Entry of Judgment by Circuit Court; Appeals from Judgment of
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Circuit Court; Endorsement on Map by Probate Judge Where No Appeal from Judgment of Probate Court. (a) If on the trial in the circuit court it be adjudged that the requisite facts did exist subjecting the land and property having a situs thereon to taxation by the city, a judgmen…
Ala. Code § 11-42-7 Legislative Reapportionment Office to Be Notified of Annexation or
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Deannexation. Any municipality which annexes property into the municipality or deannexes property from the municipality shall notify the Legislative Reapportionment Office of such action within seven days of the final action. The municipality shall provide all census blocks invol…
Ala. Code § 11-42-70 Certification to Probate Judge of Judgment of Circuit Court;
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Endorsement on Map by Probate Judge. If there is an appeal from the judgment rendered by the probate judge and, on the termination of such appealed action, it is adjudged that the property in controversy is subject to city taxation, the clerk of the circuit court shall briefly ce…
Ala. Code § 11-42-71 When Property Adjudged Subject to Taxation Becomes Liable for
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Payment of Taxes; Recordation of Resolution, Map, Orders, Etc., of Probate Judge, Etc. (a) All property adjudged to be subject to city taxation under the provisions of this article shall be liable for the payment of taxes to the city from and after the commencement of the city ta…
Ala. Code § 11-42-72 Annexed Territory Subject to Laws and Ordinances of City; Jurisdiction
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of City Governing Body Over Annexed Territory. All territory brought within the corporate limits of a city under the provisions of this article shall be subject to the laws and ordinances of said city, and the council or governing body of the city shall have and exercise the same…
Ala. Code § 11-42-73 Creation, Etc., of Wards; Election of Aldermen or Representatives
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(a) The council or governing body of the city shall create new wards (as many as may be deemed to be necessary) regardless of any limitation in the charter of the city on the number of wards, or may enlarge the wards so as to embrace all territory brought within the corporate lim…
Ala. Code § 11-42-74 Division of Wards into Voting Precincts; Electors to Vote in Precincts of
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Residence; Rearrangement, Etc., of Boundaries of Voting Precincts. The council or governing body of the city shall by resolution or ordinance divide the respective wards in the city into voting precincts, as many as may be necessary, and such elector shall vote in the precinct of…
Ala. Code § 11-42-75 Rearrangement, Etc., of Boundaries of Wards
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The council or governing body of the city shall have the power to change or rearrange the boundary lines of wards in said city as often as necessary for the purpose of equalizing the number of voters entitled to vote in each ward in the city and each ward in the city shall have a…
Ala. Code § 11-42-76 Entitlement of Persons in Territory Exempt from Taxation to Benefits
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Derived from City Taxes. No person residing in territory exempt from taxation in the city shall be entitled to receive any of the benefits derived from taxes paid to the city; except, that as far as practicable it shall be the duty of the city to give police and fire protection t…
Ala. Code § 11-42-77 Construction of Improvements or Betterments in Territory Exempt from
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Taxation Generally. The council or governing body of the city shall have no authority or power to construct or cause to be constructed any improvements or betterments in territory which is exempt from taxation under the provisions of this article, the cost of which or any part of…