reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-12 - City or Town Engineer, etc., to Supervise Work, Appointment of Engineer, Etc.

Section 11-48-12
City or town engineer, etc., to supervise work, appointment of 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 or other superintendent so appointed shall not be related by blood or by marriage to any contractor to whom work is awarded under the terms of Section 11-48-11 or, if said contractor is a corporation, to any stockholder thereof. Said city or town engineer or other superintendent so appointed shall not be interested in or have any share in the proceeds of any construction contract or any contract for the sale of materials to be employed in said work nor be a stockholder in the company selling said materials, nor shall said engineer or other superintendent so appointed be employed, directly or indirectly, by any parties having an interest in the proceeds of any such construction or sale of contract.
(Code 1907, §1368; Code 1923, §2183; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §522.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-13 - Council to Accept or Reject Work, etc., for Municipality.

Section 11-48-13
Council to accept or reject work, etc., for municipality.
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 such work on the part of the municipality.
(Code 1907, §1369; Code 1923, §2184; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §523.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-14 - Assessment of Costs of Improvements Against Property Abutting or Benefited by Improvements Authorized Generally.

Section 11-48-14
Assessment of costs of improvements against property abutting or 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 or against the property abutting on any street, avenue, alley, highway, or other public place so opened, widened, improved, lighted, served, or drained or against the property drained, protected or benefited by such improvement to the extent of the increased value of such property by reason of the special benefits derived from such improvements.
(b) If the construction or reconstruction of a system or systems of drainage of swamps or inundated or overflowed lands within the limits of any municipality having a population of 60,000 or more inhabitants according to the most recent federal census, is finally ordered and constructed, the council of said city shall have power and authority, after the completion and acceptance thereof, to assess the cost thereof or any part of the cost thereof upon and against the property elevated, filled, reclaimed, drained, or benefited by such improvement to the extent of the increased value of such property by reason of the special benefits derived from such improvements.
(Code 1907, §1370; Code 1923, §2185; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §524.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-15 - Assessment Against Lands Purchased by State at Sale for Nonpayment of Taxes of Costs of Street Improvements and Sewers Authorized; Effect of Redemption or Sale of Said Lands.

Section 11-48-15
Assessment against lands purchased by state at sale for nonpayment 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 of Alabama at any sale for the nonpayment of taxes, and where any such assessment is made against such lot or lots, parcel or parcels of land, a subsequent redemption thereof by any person authorized to redeem or sale thereof by the state shall not operate to discharge or in any manner affect the lien of such city or town for such assessment, but any redemptioner or purchaser at any sale by the state of any lot or lots, parcel or parcels of land upon which an assessment has been levied whether prior to or subsequent to a sale to the state for the nonpayment of taxes shall take the same subject to such assessment.
(Acts 1953, No. 856, p. 1146.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-16 - Manner of Assessment of Costs of Improvements Generally - Sewers, Swamp Drainage, Seawalls, Levees, Etc.

Section 11-48-16
Manner of assessment of costs of improvements generally - Sewers, 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 against the frontage of the property drained by said sewer system or against all the lots or parcels of land lying within the district drained, served, or benefited, but the assessment shall not exceed the increased value of such property by reason of the special benefits derived from the improvement.
(b) When the improvement consists of the draining of swamps or the elevating, filling, reclamation, or draining of submerged, inundated, or overflowed land, then the council shall have the power and authority, after the completion and acceptance of such improvement, to assess the cost thereof or any part thereof upon or against the property so drained, elevated, or reclaimed and specially benefited thereby to the extent of the increased value of such property by reason of the special benefits derived by such property from such improvement.
(c) When such improvement consists of the construction of seawalls, dikes, levees, embankments, or other protection against seas, waves, storms, floods, waters, or rivers, then the council shall have power and authority, after the completion and acceptance thereof, to assess the cost of constructing said improvement or any part thereof upon or against the property abutting on such improvement and all other property protected or specially benefited thereby to the extent of the increased value of such property by reason of the special benefits derived by such property from such improvement.
(Code 1907, §1371; Code 1923, §2186; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §525.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-16.1 - Assessment of Charge Against Landowner Seeking to Connect to Sewer.

Section 11-48-16.1
Assessment of charge against landowner seeking to connect to 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 improvement has expired, the governing body of any city or town shall, if the improvement has sufficient capacity to add the user, assess a charge against the property to be drained, served, or benefitted by the sanitary sewers or sanitary sewer system to the extent of the increased value to the property by reason of the special benefit derived from the connection.
(b) The assessment shall be computed at the same rate, if readily available, for property originally assessed under the public improvement ordinance establishing the sanitary sewers to which the landowner desires to connect. If the governing body determines the rate is not readily available, the assessment shall be as determined by the governing body, but shall not be in excess of either (1) the reasonable front foot cost of the sewer at current construction costs under similar circumstances or (2) the increased value to the property by reason of the special benefit derived from the connection.
(c) The fee for the connection shall be assessed prior to a plumbing permit being issued to perform the connection. Payment for the assessment shall be allowed pursuant to Section 11-48-48, and arrangements for the payment shall be made prior to the issuance of any required plumbing permit for the connection.
(d) The provisions of this section are cumulative and shall not be construed to repeal or supersede any provisions of any local law or general law of local application relating to assessment of property owners by cities or towns for public improvements.
(Acts 1995, No. 95-379, p. 774, §§1, 2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-17 - Manner of Assessment of Costs of Improvements Generally - Improvements of Intersections of Streets, Alleys, Etc.

Section 11-48-17
Manner of assessment of costs of improvements generally - 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 streets, avenues, alleys, or other highways so intersecting for a half block in each direction therefrom; provided, that for the purpose of computing assessments under this section, no block shall be considered as extending more than 1,000 feet from any intersection so improved.
(Code 1907, §1372; Code 1923, §2187; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §526.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-18 - Manner of Assessment of Costs of Improvements Generally - Sidewalk Improvements.

Section 11-48-18
Manner of assessment of costs of improvements generally - Sidewalk 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 of the sidewalks improvement, including curbing and guttering, at the intersection of any alley with a street or avenue or other highway may be assessed in fair proportion against the respective lots or parcels of land abutting or cornering on the alley at such intersection, but in no case shall the assessment against any lots or parcels of land be greater than the increased value of such lots or parcels of land by reason of the special benefits derived from such improvement.
(Code 1907, §1373; Code 1923, §2188; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §527.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-19 - Assessment of Costs of Improvements Against Railroads.

Section 11-48-19
Assessment of costs of improvements against railroads.
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 more tracks, the space between such tracks and 18 inches on each side of the tracks, including switches and turnouts, shall be paid by the owner of the railroad and shall be assessed against and form a lien on said railroad and the property connected therewith and, in the event that storm water sewers are constructed which drain, serve or benefit the streets or avenues or rights-of-way on which a street, electric, or other railroad is located, whether the same is a continued or separate system, there shall be assessed against such railroad a fair and just proportion of the cost of construction of such sewer, to be determined by the council, and such assessment shall be a lien like other assessments and may be collected in like manner, and the council may require the owners of such street railroad or other railroad to prepare or construct its tracks for the receipt of such paving or other improvements in a manner satisfactory to the council.
In the event that seawalls or other protection against waves, storms and floods are constructed which protect or benefit streets or avenues or rights-of-way on which a street, electric, or other railroad is located, whether the same is a continued or separate system, there shall be assessed against such railroad a fair and just proportion of the cost of construction of such seawall or other protection against waves, storms, and floods, to be determined by the council, and such assessment shall be a lien like other assessments and may be collected in like manner; provided, however, that such assessments shall not exceed the increased value of such railroad by reason of the benefits received by such railroad from the construction of such seawall.
(Code 1907, §1374; Code 1923, §2189; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §528.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-20 - Preparation, etc., of List of Property Owners to Be Assessed for Improvement.

Section 11-48-20
Preparation, etc., of list of property owners to be assessed for 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 land proposed to be assessed for such improvement belonging to such owner or owners and the amount proposed to be assessed against each lot or parcel of land.
(Code 1907, §1375; Code 1923, §2190; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §529.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-21 - Entry of List in Assessment Book for Local Improvements.

Section 11-48-21
Entry of list in assessment book for local improvements.
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 be known as the "assessment book for local improvements" and shall be a public record, and no error or mistake in regard to the name of the owner shall be held to invalidate any assessment, and it shall be sufficient if the name of the person in whose name such property was last assessed for taxes for state taxation is shown in said book.
(Code 1907, §1376; Code 1923, §2191; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §530.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-22 - Delivery of Assessment Book to City or Town Clerk; Publication of Notice as to Delivery and Inspection of Book, Etc.

Section 11-48-22
Delivery of assessment book to city or town clerk; publication of 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 of general circulation therein that said assessment roll or list has been delivered to him and is open for inspection in the office of the person authorized to make collection of said assessments.
(Code 1907, §1377; Code 1923, §2192; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §531.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-23 - Notice of Hearing Upon Objections, etc., to Assessments.

Section 11-48-23
Notice of hearing upon objections, etc., to assessments.
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 thereof.
(Code 1907, §1378; Code 1923, §2193; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §532.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-24 - Contents of Notice as to Assessments for Improvements.

Section 11-48-24
Contents of notice as to assessments for improvements.
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 consists of a sanitary or storm water sewer or sanitary or storm water sewer system, said notice shall also describe the frontage of the property drained by said sewers or the territory or area drained, served, or benefited by said sewer or sewers by naming the streets, avenues, alleys, or other highways or other lines by which said district is bounded.
If the improvement made consists of the draining, elevating, filling or reclaiming of swamps or overflowed, inundated, or submerged land within the limits of any municipality having a population of 60,000 or more inhabitants according to the most recent federal census, said notice shall also describe the territory or area drained, filled, elevated, or reclaimed and the territory benefited and increased in value by reason of such improvement.
If the improvement made consists of the construction of a seawall or other protection against waves, seas, storms, and floods, said notice shall also describe the territory or area protected, benefited, or increased in value by reason of the construction of such seawall or other protection against seas, waves, storms, and floods.
(Code 1907, §1379; Code 1923, §2194; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §533.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-25 - Effect and Correction of Defects or Errors in Notice.

Section 11-48-25
Effect and correction of defects or errors in notice.
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 shall not avail any other person concerned therein. In the case of such defect, supplementary proceedings of the same general character as those prescribed in this article may be had in order to supply such defect.
(Code 1907, §1380; Code 1923, §2195; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §534.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-26 - Filing of Written Objections, etc., to Assessments by Property Owners.

Section 11-48-26
Filing of written objections, etc., to assessments by property owners.
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 office any objections or defense to the proposed assessment against said property or to the amount thereof, and persons who do not file objections or protests in writing against such assessment shall be held to have consented to the same.
(Code 1907, §1381; Code 1923, §2196; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §535.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-27 - Hearing Upon Objections to Assessments - Conduct Generally.

Section 11-48-27
Hearing upon objections to assessments - Conduct generally.
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.
(Code 1907, §1382; Code 1923, §2197; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §536.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-28 - Hearing Upon Objections to Assessments - Powers of Council as to Subpoena of Witnesses, Etc.

Section 11-48-28
Hearing upon objections to assessments - Powers of council as to 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.
(Code 1907, §1383; Code 1923, §2198; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §537.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-29 - Fixing of Amount of Assessments by Council and Effect Thereof; Reduction, Abatement, etc., of Assessments Generally.

Section 11-48-29
Fixing of amount of assessments by council and effect thereof; 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 assessments from the date of such order or resolution shall be and constitute a lien on the respective lots or parcels of land upon which they are levied superior to all other liens, except those of the state and county for taxes.
(b) The council shall have no power to reduce or abate an assessment made for public improvements after such assessments shall have been made final, unless an appeal shall have been taken from such assessments within the time prescribed by law, except as provided in Sections 11-48-30 and 11-48-31, but this provision shall not affect the power of such council to split an assessment between two or more parties as now provided by law.
(Code 1907, §1384; Code 1923, §2199; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §538.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-30 - Reduction or Abatement of Assessments on Property Owned by Government or Charitable Organizations in Municipalities Having Population of 20,000 or Less - Authority Generally; Reconveyance of Property Acquired Through Foreclosure of Assessment.

Section 11-48-30
Reduction or abatement of assessments on property owned by 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 last federal census or which shall hereafter have such a population according to any such census that may be taken hereafter shall have the power to reduce or abate any assessments heretofore or hereafter made for public improvements in such town or city in cases where such assessments have been levied or attempted to be levied against property owned by the State of Alabama or by such town or city or by the county in which such town or city is located or owned by any church, hospital, or other charitable organization, whether or not such assessment shall have been made final and the time to appeal therefrom expired.
Such council may also convey, with or without consideration, to the State of Alabama or to the county in which such town or city is located or to any church, hospital, or other charitable organization any property which such town or city had acquired through foreclosure of an assessment and any conveyance heretofore made by any such town or city, with or without consideration, to any of the class defined in this section is hereby ratified, confirmed, validated, and approved.
(Acts 1939, No. 94, p. 126; Code 1940, T. 37, §539; Acts 1945, No. 325, p. 527.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-31 - Reduction or Abatement of Assessments on Property Owned by Government or Charitable Organizations in Municipalities Having Population of 20,000 or Less - Erroneous Assessments; Assessments in Excess of Benefits Derived, Etc.

Section 11-48-31
Reduction or abatement of assessments on property owned by 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 or abate any assessments heretofore or hereafter made for public improvements in such city in cases where such assessments have been levied or attempted to be levied against property owned by the State of Alabama or by such city or by the county in which such city is located or by any church, hospital, or other charitable organization or in any case where the council after due inquiry has determined that the assessment on any particular property has been made erroneously or in excess of the benefit derived by such property or so great as to constitute an undue burden upon the property, having in view the value thereof, whether or not such assessment shall have been made final and the time to appeal therefrom expired.
(Acts 1935, No. 296, p. 719; Acts 1936, Ex. Sess., No. 147, p. 167; Code 1940, T. 37, §540; Acts 1969, No. 1056, p. 1976.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-32 - Assignment and Transfer of Assessment Liens.

Section 11-48-32
Assignment and transfer of assessment liens.
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.
(Code 1907, §1385; Code 1923, §2200; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §541.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-33 - Enforcement of Assessment Liens in Circuit Court.

Section 11-48-33
Enforcement of assessment liens in circuit court.
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 recover the amount of such assessment, with interest thereon, together with the cost of such proceedings.
(Code 1907, §1386; Code 1923, §2201; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §542.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-34 - Effect of Enforcement of Tax Liens Upon Property Upon Assessment Liens; Duration of Assessment Liens.

Section 11-48-34
Effect of enforcement of tax liens upon property upon assessment 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 the municipality for the assessment, but any purchaser at any tax sale by the state, county, city, or town of any lots or parcels of land upon which an assessment has been levied shall take them subject to such assessment.
(b) All liens for public improvements which cities and towns in this state now have or may hereafter acquire under the general laws of this state shall continue until they are paid or extinguished or until the expiration of 20 years from the date of default in payment of the assessment or from the date when there was a due recognition of the indebtedness after default, after which time the enforcement of the lien shall be barred and the indebtedness conclusively presumed to have been paid.
(Code 1907, §1387; Code 1923, §2202; Acts 1927, No. 639, p. 753; Acts 1932, Ex. Sess., No. 270, p. 273; Code 1940, T. 37, §543; Acts 1951, No. 284, p. 570.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-35 - Effect of Sale of Property for Enforcement of Assessment Lien Upon Other Assessment Liens Upon Same Property.

Section 11-48-35
Effect of sale of property for enforcement of assessment lien upon 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 the same property, but the purchaser at such sale shall take the property subject to the lien of all other assessments and the right of the municipality to enforce the same.
(Code 1907, §1388; Code 1923, §2203; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §544.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-36 - Appeals to Circuit Court From Assessments - Authorized.

Section 11-48-36
Appeals to circuit court from assessments - Authorized.
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.
(Code 1907, §1389; Code 1923, §2204; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §545.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-37 - Appeals to Circuit Court From Assessments - Bond.

Section 11-48-37
Appeals to circuit court from assessments - Bond.
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, and all damages that any person may suffer by such appeal.
(Code 1907, §1390; Code 1923, §2205; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §546.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-38 - Appeals to Circuit Court From Assessments - Entry on Trial Docket.

Section 11-48-38
Appeals to circuit court from assessments - Entry on trial docket.
Said appeal shall be entered on the trial docket in said court and shall be a preferred case therein.
(Code 1907, §1391; Code 1923, §2206; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §547.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-39 - Appeals to Circuit Court From Assessments - Transcript for Appeal - Contents.

Section 11-48-39
Appeals to circuit court from assessments - Transcript for appeal - 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 concerns the property of the appellant. Such transcript shall contain a description of the property of such party or parties, the same to be described as accurately as possible according to the map of the city or town in common use, if there be such map, the name of the owner or owners of such property and the amount of the assessment.
(Code 1907, §1392; Code 1923, §2207; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §548.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-40 - Appeals to Circuit Court From Assessments - Authorized - Prima Facie Evidence.

Section 11-48-40
Appeals to circuit court from assessments - Authorized - Prima facie 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.
(Code 1907, §1393; Code 1923, §2208; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §549.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-41 - Appeals to Circuit Court From Assessments - Conduct Generally; Right of Jury Trial; Entry of Judgment and Assessment of Costs Generally.

Section 11-48-41
Appeals to circuit court from assessments - Conduct generally; right 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 such assessment exceeds the increased value of such property by reason of the special benefits derived from the improvement, and shall enter judgment accordingly. Such civil action shall be tried by the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in which event the action shall be tried by a jury as in other civil actions. In the event the court or jury shall not sustain the assessment for the full amount, the costs of the appeal and trial in the circuit court shall be adjudged against the municipality.
(Code 1907, §1394; Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §550.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-42 - Appeals to Circuit Court From Assessments - Entry of Judgment for Amounts Properly Chargeable Against Lands Where Assessment Defective.

Section 11-48-42
Appeals to circuit court from assessments - Entry of judgment for 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 be charged, the court may, nevertheless, on motion of the city or town, upon satisfactory proof that expense has been incurred which is a proper charge against the lot or land in question, enter judgment for the amount properly chargeable against said lot or land, but in such case the court shall make such order for the payment of the costs as it may deem proper.
(Code 1907, §1395; Code 1923, §2210; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §551.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-43 - Appeals From Judgment of Circuit Court - by Property Owner - Authorized; Bonds.

Section 11-48-43
Appeals from judgment of circuit court - By property owner - 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 execution of the judgment is desired, upon giving further bond in such sum as the judge of the circuit court may prescribe, payable to the city or town with sufficient sureties, to be approved by the clerk of said court, conditioned to pay such judgment or perform such judgment as the supreme court may render in the action, and all such costs and damages as the city or town may have sustained if the judgment is affirmed.
(Code 1907, §1396; Code 1923, §2211; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §552.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-44 - Appeals From Judgment of Circuit Court - by Property Owner - Conduct Generally.

Section 11-48-44
Appeals from judgment of circuit court - By property owner - Conduct generally.
Such appeal shall be heard upon the record in accordance with the Alabama Rules of Appellate Procedure.
(Code 1907, §1397; Code 1923, §2212; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §553.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-45 - Appeals From Judgment of Circuit Court - by Property Owner - Addition of Interest and Damages Upon Affirmance of Judgment for Municipality.

Section 11-48-45
Appeals from judgment of circuit court - By property owner - Addition 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 percent in damages for delay.
(Code 1907, §1398; Code 1923, §2213; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §554.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-46 - Appeals From Judgment of Circuit Court - by Municipality - Authorized; Bond Not Required.

Section 11-48-46
Appeals from judgment of circuit court - By municipality - Authorized; 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.
(Code 1907, §1399; Code 1923, §2214; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §555.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-47 - Appeals From Judgment of Circuit Court - by Municipality - Issuance of Execution and Order of Sale Upon Entry of Final Judgment in Favor of Municipality.

Section 11-48-47
Appeals from judgment of circuit court - By municipality - Issuance of 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 paid within 30 days from the date of such judgment, and the court shall, by further order, require that the property assessed be sold to satisfy such judgment.
Nothing contained in this article shall operate to release or discharge the lien on such property unless the assessment is fully paid.
(Code 1907, §1400; Code 1923, §2215; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §556.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-49 - Proceedings for Sale of Land Upon Failure of Owner to Pay Assessment, Installment, or Interest - Notice.

Section 11-48-49
Proceedings for sale of land upon failure of owner to pay 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 makes default in the payment of any annual installment or the interest thereon, the whole of such assessment shall immediately become due and payable, and the officer designated by the municipality to collect such assessments shall proceed to sell the property against which the assessment is made to the highest bidder for cash, but he shall first give notice by publication once a week for three consecutive weeks in some newspaper published in the city or town or of general circulation therein of the date and time of such sale and the purpose for which the same is made, together with a description of the property to be sold. If said officer shall fail to advertise and sell any property on which said payments or installments are past due, any taxpayer of the issuing municipality or any holder of bonds of the series affected by said failure, whether of bonds heretofore issued or to be hereafter issued, shall have the right to apply for a writ of mandamus requiring said official to take such action to any court of competent jurisdiction, and said court shall, on proof, issue and enforce such writ.
(Code 1907, §1402; Code 1923, §2217; Acts 1927, No. 639, p. 753; Acts 1932, Ex. Sess., No. 47, p. 55; Code 1940, T. 37, §558.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-50 - Proceedings for Sale of Land Upon Failure of Owner to Pay Assessment, Installment or Interest — Payment of Assessment Prior to Sale.

Section 11-48-50
Proceedings for sale of land upon failure of owner to pay 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.
(Code 1907, §1403; Code 1923, §2218; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §559.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-51 - Proceedings for Sale of Land Upon Failure of Owner to Pay Assessment, Installment or Interest — Costs of Notice and Sale Charged Against Land, Etc.

Section 11-48-51
Proceedings for sale of land upon failure of owner to pay 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.
(Code 1907, §1404; Code 1923, §2219; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §560.)