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 11-48-52 - Proceedings for Sale of Land Upon Failure of Owner to Pay Assessment, Installment or Interest - Execution, etc., of Deed to Purchaser at Sale; Disposition of Surplus From Sale; Purchase of Property by Municipality.

Section 11-48-52
Proceedings for sale of land upon failure of owner to pay assessment, installment or interest - Execution, etc., of deed to purchaser at sale; disposition of surplus from sale; purchase of property by municipality.
The officer making such sale shall execute a deed to the purchaser, which shall convey all the right, title, and interest which the party against whose property the assessment was made had or held in said property at the date of making such assessment or on the date of making such sale. Any surplus arising from said sale shall be paid to the city or town treasurer to be kept as a separate fund by the treasurer for the owner upon the responsibility of his official bond. The council may, by its agents, purchase real estate sold as provided under this article and, in the event of such purchase, the deed for the same shall be made to the town or city.
(Code 1907, §1405; Code 1923, §2220; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §561.)
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 11-48-53 - Proceedings for Sale of Land Upon Failure of Owner to Pay Assessment, Installment, or Interest - Effect of Error or Defect in Notice or Sale.

Section 11-48-53
Proceedings for sale of land upon failure of owner to pay assessment, installment, or interest - Effect of error or defect in notice or sale.
No mistake in the notice of sale in the description of the property or in the name of the owner shall vitiate the assessment or the lien and if, for any reason, the sale made by the city or town is ineffectual to pass title, it shall operate as an assignment of the lien, and, upon the request of the purchaser, supplementary proceedings of the same general character as required in this article may be had to correct the errors in said proceedings for his benefit or the lien so assigned to him may be enforced by civil action.
(Code 1907, §1407; Code 1923, §2222; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §569.)
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 11-48-54 - Redemption of Property After Sale Generally.

Section 11-48-54
Redemption of property after sale generally.
Any real property heretofore or hereafter sold for the satisfaction of a local improvement assessment lien imposed thereon by the governing body of a municipality may be redeemed by the former owner, or his assigns, or other person authorized to redeem property sold for taxes by the State of Alabama within two years from the date of such sale by paying to the purchaser at such sale or to any person deraigning title under such purchaser or to the city or town treasurer for such purchaser or person deraigning title under such purchaser the amount of the purchase price for which the property was sold at such sale plus an amount equal to interest on such purchase price from the date of such sale to the date of redemption at the rate of six percent per annum plus a fee of $2.00 to cover the expense of a conveyance. If the redemption is made from the municipality, the payment may be made upon such terms including installment payments as the governing body of the municipality may approve.
(Code 1907, §1406; Code 1923, §2221; Acts 1927, No. 639, p. 753; Acts 1932, Ex. Sess., No. 269, p. 272; Acts 1939, No. 204, p. 354; Code 1940, T. 37, §562.)
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 11-48-55 - Extension of Redemption Period.

Section 11-48-55
Extension of redemption period.
The fixed two year period of redemption allowed by Section 11-48-54 for the redemption of any property heretofore or hereafter sold for the satisfaction of any assessment lien may be extended to a date 60 days after the date of the certificate of warning to redeem provided for in Section 11-48-56, but in no event for a longer period than six years from the date of such sale.
(Acts 1939, No. 204, p. 354; Code 1940, T. 37, §563.)
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 11-48-56 - Application for Entry of Certificate of Warning to Redeem Upon Record of Local Improvement Assessment Sale Deed; Contents of Certificate.

Section 11-48-56
Application for entry of certificate of warning to redeem upon record of local improvement assessment sale deed; contents of certificate.
At any time after a local improvement assessment sale deed has been recorded in the office of the probate judge of the county in which the property therein described lies and after expiration of the fixed two-year period of redemption allowed by Section 11-48-54, any person may apply to such probate judge for entry upon the margin of the record of such deed of a certificate of warning to redeem in substantially the following form: "I hereby certify that on or prior to the date of this certificate, I mailed a compared copy of the deed here recorded, together with notice that the same is here recorded, and a warning to redeem to each of the one or more persons other than the grantee in said deed, to whom the property therein described was last finally assessed for ad valorem taxation at the address of each such person as shown by said ad valorem tax assessment records. This _____ day of _____, 2__, _____, Probate Judge."
(Acts 1939, No. 204, p. 354; Code 1940, T. 37, §564.)
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 11-48-57 - Mailing of Copies of Deed and Certificate to Persons Last Assessed Upon Property Described in Deed by Probate Judge; Entry of Certificate on Record of Deed, Etc.

Section 11-48-57
Mailing of copies of deed and certificate to persons last assessed upon property described in deed by probate judge; entry of certificate on record of deed, etc.
At the time of application for entry of such certificate of warning to redeem, the applicant shall deliver to the probate judge three correct copies of said deed with a notation thereon of the deed book and page where recorded and shall pay to said probate judge a fee of $1.00. Said copies of deed need not include any certificate of acknowledgment.
It shall thereupon be the duty of said probate judge to promptly compare said copies with the record of such deed and, if such copies be found to be correct copies of such record, it shall be the further duty of such probate judge to ascertain from the ad valorem tax assessment records of his county the name of the person or persons other than the grantee in said deed to whom the property described in said deed was last finally assessed for ad valorem taxation, together with the address of each such person as shown by said tax assessment records, and thereupon to promptly mail to each such person at such address one of the aforesaid compared copies of said deed, together with an attached warning to redeem in substantially the following form: "Take notice that there is recorded in my office in Deed Book _____ at page _____ a deed of which the attached is a correct copy. You are warned that unless you, or those claiming under you, take prompt steps to redeem from those claiming under said deed, all rights of redemption may be lost. This _____ day of _____, 2__, _____, Probate Judge, _____ County, Alabama."
Promptly upon or after mailing such notice or notices and compared copy or copies of deed, it shall be the duty of said probate judge to enter upon the margin of the record of such deed a certificate of warning substantially as prescribed by Section 11-48-56 and to sign such certificate and to date the same with the date of entry. At the expiration of 60 days after the date of such certificate all rights to redeem from the sale shown by such deed shall cease and desist.
(Acts 1939, No. 204, p. 354; Code 1940, T. 37, §565.)
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 11-48-58 - Redemption of Property During Extended Redemption Period.

Section 11-48-58
Redemption of property during extended redemption period.
Redemption may be effected after expiration of the fixed two-year period of redemption allowed or provided by Section 11-48-54 and before the extended period of redemption has expired in the same manner and at the same redemption price as is provided in Section 11-48-54; provided, that if the probate judge has made the certificate of warning to redeem as provided in Section 11-48-57, said redemption price shall be increased by $1.00; provided further, that if the grantee in the aforesaid public improvement assessment sale deed or any person deraigning any title or right under him shall have placed any improvements upon said property after expiration of the fixed two-year period of redemption allowed or provided by Section 11-48-54, then redemption must be effected by a civil action, and the redemption price shall be increased by the value of such improvements, to be ascertained in such civil action by the court.
(Acts 1939, No. 204, p. 354; Code 1940, T. 37, §567.)
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 11-48-59 - Performance of Duties of Probate Judge; Liability of Probate Judge for Errors in Performance of Duties.

Section 11-48-59
Performance of duties of probate judge; liability of probate judge for errors in performance of duties.
The duties imposed upon the probate judge in Sections 11-48-54 through 11-48-58 may be performed in his name and stead by any person or persons thereunto authorized by him. The faithful performance of such duties may be compelled by mandamus, but the probate judge shall not be liable in damages for any error or mistake in the performance of such duties committed in good faith.
(Acts 1939, No. 204, p. 354; Code 1940, T. 37, §566.)
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 11-48-60 - Applicability of Provisions of Sections 11-48-54 Through 11-48-58.

Section 11-48-60
Applicability of provisions of Sections 11-48-54 through 11-48-58.
Sections 11-48-54 through 11-48-58 shall not apply to unimproved real estate that has been heretofore purchased by any municipality at a municipal assessment sale and by said municipality sold to a third party prior to March 16, 1939.
(Acts 1939, No. 204, p. 354; Code 1940, T. 37, §568.)
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 11-48-61 - Making of Temporary Loans or Issuance of Bonds During Progress of Work to Pay for Cost of Improvement.

Section 11-48-61
Making of temporary loans or issuance of bonds during progress of work to pay for cost of improvement.
(a) For the purpose of providing funds to pay the cost of any improvement made under the provisions of this article, the governing body of any municipality may:
(1) Borrow money temporarily on the faith and credit of the municipality, executing its negotiable note therefor, which negotiable note may not run longer than a period of one year; or
(2) Issue bonds within the limitations prescribed by the Constitution.
(b) Such temporary loan or issue of bonds may be made before the contract is let for the improvements or during the progress of the work, in installments as the work progresses, and the making of one loan or the issue of one series of bonds shall not exhaust the power of the municipality to provide sufficient funds for the completion of the improvement. The municipality may pledge as security for such loan, whether evidenced by negotiable notes or bonds, the proceeds of the assessments made or to be made against the property benefited by the improvements and may transfer and assign for the benefit of said negotiable note or bond holder the lien of the municipality thereon, with power to enforce the same by civil action, but if negotiable notes or bonds shall be issued before the completion of the work, they shall not be issued in excess of the cost of the improvements as estimated at the time of the issue of the negotiable notes or bonds. If money is borrowed and negotiable notes or bonds issued after the work is completed, such negotiable notes or bonds shall not exceed in the aggregate the total cost of the improvements.
(c) No irregularity or technical defect in the proceedings relating to the making of the improvement shall in any way affect the power of the municipality to borrow money, either by the issue of negotiable notes or bonds, for the completion of the improvement.
(Code 1907, §1408; Acts 1923, No. 16, p. 13; Code 1923, §2223; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §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 11-48-62 - Issuance of Bonds After Completion of Work.

Section 11-48-62
Issuance of bonds after completion of work.
If bonds have not been issued during the progress of the work as authorized by Section 11-48-61, the municipality may, after completion of the work, sell and issue bonds not exceeding an amount sufficient to pay the then outstanding principal of and interest on any temporary loans made pursuant to the provisions of said Section 11-48-61 to finance all or part of the improvement, plus such portion of the cost of the improvement, computed in accordance with Section 11-48-9, as has not been financed by any such temporary loan then outstanding and unpaid.
In determining the amount of bonds so to be issued, the council shall take into consideration to the extent practicable the amount which at the time of the authorization of the sale of the bonds has been paid by the property owners toward the cost of the improvement.
(Code 1907, §1409; Acts 1921, Ex. Sess., No. 53, p. 71; Code 1923, §2224; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §571; Acts 1953, No. 848, p. 1140.)
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 11-48-63 - Applicability of Provisions of Law as to Issuance of Municipal Bonds Generally.

Section 11-48-63
Applicability of provisions of law as to issuance of municipal bonds generally.
Bonds issued under the provisions of this article shall be subject to the provisions of existing law relating to the issuance of municipal bonds.
(Code 1907, §1410; Code 1923, §2225; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §572.)
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 11-48-64 - Acquisition of Lands, Easements, etc., for Public Improvements.

Section 11-48-64
Acquisition of lands, easements, etc., for public improvements.
Whenever in the judgment of the municipality it may be necessary or expedient for the carrying out and full exercise of the powers granted by this article, such municipality may acquire by purchase or condemnation the necessary lands or rights or easements or interests therein, thereunder and thereover, and may proceed to condemn the same in the manner provided in this article or by the general laws of this state governing the taking of lands or the acquiring of an interest therein for the uses for which private property may be taken; in which case such proceedings shall be governed in every respect by the general laws of the state pertaining thereto.
(Code 1907, §1420; Code 1923, §2237; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §574.)
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 11-48-65 - Article Not to Affect Power of Municipality to Compel Property Owners to Repair Sidewalks, Etc.

Section 11-48-65
Article not to affect power of municipality to compel property owners to repair sidewalks, etc.
Nothing in this article shall be so construed as to take from any city or town or in any manner affect the power and authority to compel the property owners, by penal ordinance or otherwise, to repair the sidewalks in front of their property in such manner and with such material as may be directed under the supervision of the engineer or other officer or agent of the city or town or to cause such repairs to be made at the expense of the property owner, such expense to be collected as in the case of taxes.
(Code 1907, §1419; Code 1923, §2236; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §573.)
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 2 - Street and Sewer Improvements Outside Corporate Limits of Certain Cities. › Section 11-48-80 - Definitions.

Section 11-48-80
Definitions.
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) STREET IMPROVEMENTS. Filling, grading, leveling, graveling, slagging, cherting, macadamizing, paving, draining, or otherwise improving any street, avenue, alley, highway, or other public place, including the construction of sidewalks, curbs, and gutters.
(2) SEWER IMPROVEMENTS. Storm water sewers and storm water sewer systems and sanitary sewers, sanitary sewer systems, sewage treatment plants and sewage disposal plants, and all appurtenances to any such sewers or plants.
(3) PUBLIC IMPROVEMENTS. Street improvements and sewer improvements or either of them.
(4) POLICE JURISDICTION. The territory lying outside the corporate limits of a city but within its police jurisdiction.
(Acts 1955, No. 492, p. 1112, §1.)
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 2 - Street and Sewer Improvements Outside Corporate Limits of Certain Cities. › Section 11-48-81 - Powers of Cities as to Construction of Public Improvements, Assessment of Cost Thereof Against Property Benefited, etc., Outside Corporate Limits Generally; Requirement as to Consent of Property Owners, Etc.

Section 11-48-81
Powers of cities as to construction of public improvements, assessment of cost thereof against property benefited, etc., outside corporate limits generally; requirement as to consent of property owners, etc.
(a) Each city in this state having a population of 6,000 or more inhabitants, according to the most recent federal census or any official census taken pursuant to Sections 11-47-90 through 11-47-95 shall have the same powers with respect to the construction of public improvements in the police jurisdiction of such city that it may have under any law now existing or hereafter enacted with respect to the construction of public improvements within the corporate limits of such city.
Each such city shall have the same powers with respect to the assessment of the cost of public improvements, whether constructed in the city or in such police jurisdiction, against the property specially benefited by such improvements, whether such property is located in such city or in such police jurisdiction, that such city may have under any law now existing or hereafter enacted with respect to assessment of the cost of public improvements constructed within the city against property specially benefited by such improvements and located within the corporate limits of the city.
All such laws relating to the making of public improvements within the corporate limits of such city and to the making of public improvement assessments against property located within such corporate limits and the creation and enforcement of liens securing such assessments shall apply to any public improvements constructed within the police jurisdiction of such city, to any public improvement assessments made pursuant to the provisions of this article and to the liens securing such assessments.
(b) No public improvement shall be made under the authority of this article unless with the written consent of the owner or owners of not less than 60 percent of the frontage of the property to be affected; provided, that in the case of street improvements outside the corporate limits but inside the police jurisdiction of a municipality, consent of the governing body of the county in which said improvements are to be constructed must first be obtained and evidenced by resolution duly entered on the minutes of such county governing body.
(Acts 1955, No. 492, p. 1112, §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 2 - Street and Sewer Improvements Outside Corporate Limits of Certain Cities. › Section 11-48-82 - Issuance of General Obligation Bonds, etc., to Pay Cost of Improvements.

Section 11-48-82
Issuance of general obligation bonds, etc., to pay cost of improvements.
Each such city shall have the same power to issue its general obligation bonds and other general obligation securities to pay the cost of public improvements constructed in the police jurisdiction of such city that it may have under any law now existing or hereafter enacted to issue general obligation bonds or other general obligation securities for payment of the cost of public improvements within the city.
All such laws relating to the issuance by any such city of general obligation bonds or other general obligation securities to pay the cost of public improvements, where all or any part of such cost is assessed or to be assessed against property located within the corporate limits of the city, shall apply to and govern the issuance and sale of general obligation bonds and other general obligation securities and the making of any pledges for payment thereof to obtain money to pay the cost of construction of any public improvements constructed in the police jurisdiction of such city where such cost is assessed or to be assessed as provided in this article.
(Acts 1955, No. 492, p. 1112, §3.)
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 2 - Street and Sewer Improvements Outside Corporate Limits of Certain Cities. › Section 11-48-83 - Issuance of Bonds Payable Solely Out of Proceeds From Assessments to Pay Cost of Improvements.

Section 11-48-83
Issuance of bonds payable solely out of proceeds from assessments to pay cost of improvements.
Each such city shall also have the power to finance the construction of public improvements in the police jurisdiction of such city by the issuance of its bonds payable solely out of the proceeds from assessments then made or to be thereafter made against the properties specially benefited by such improvements. Any such bonds shall not be general obligations of such city, and such city shall not be in any way liable to the holders of such bonds in the event of the failure to collect any of the assessments out of the proceeds from which such securities may be payable.
Any such bonds shall pledge, convey and transfer to the holders thereof all of the issuing city's right, title and interest in and to such assessments and the city's liens securing such assessments, together with the right to enforce the collection of such assessments by foreclosure of such liens in any court of competent jurisdiction. If the holder of any bond issued pursuant to the provisions of this section shall institute a foreclosure action in any court against any property subject to a lien securing any such assessment, such holder shall be entitled to have the proceeds of said action applied pro rata to the payment of the bond or bonds of such holder and all other bonds issued under this section and payable from the proceeds of the same assessments to the end that not more than one foreclosure action shall be brought against any one lot or parcel of land. The costs of any such foreclosure action including a reasonable attorney's fee in any case where the bondholder bringing such action is represented therein by an attorney shall be ascertained by the court and deducted from the proceeds derived from said action before such proceeds are prorated as provided for in this section.
Any bonds issued under the provisions of this section shall be subject to the provisions of Sections 11-81-110 through 11-81-123, and to all other provisions of law now existing or hereafter enacted with respect to the sale and issuance by such cities of general obligation bonds for the purpose of financing public improvements within the city, the cost of which is to be assessed wholly or in part against the properties specially benefited thereby; provided, that any bonds issued under the provisions of this section shall not constitute general obligations of the issuing city but shall be payable solely from the proceeds of assessments as provided in this section.
(Acts 1955, No. 492, p. 1112, §4.)
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 3 - Assessments for Public Improvements Against Property Owned by Tenants in Common. › Section 11-48-100 - Apportionment of Assessment Against Property for Public Improvement Among Joint Owners Thereof Authorized; Discharge of Portion of Assessment Lien Upon Payment of Portion of Assessment.

Section 11-48-100
Apportionment of assessment against property for public improvement among joint owners thereof authorized; discharge of portion of assessment lien upon payment of portion of assessment.
When an assessment for public improvements is levied against a tract of land owned by tenants in common, the governing body of any municipality may, upon petition of an owner or owners of said tract of land, split or divide the original assessment against the same and may apportion the cost of the improvements among the several portions or divisions of said tract of land and shall, upon the payment of the amount so charged or assessed against any separate portion or division, discharge said portion or division from the lien for improvements against the same.
(Acts 1919, No. 61, p. 65; Code 1923, §2248; Code 1940, T. 37, §578.)
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 3 - Assessments for Public Improvements Against Property Owned by Tenants in Common. › Section 11-48-101 - Petition of Tenant in Common for Division of Assessment Among Joint Owners of Property.

Section 11-48-101
Petition of tenant in common for division of assessment among joint owners of property.
When assessments are made for public improvements against property owned by tenants in common and one or more of the tenants in common to the property assessed desires that said assessments be paid, he may file a petition with the governing body of such municipality praying that such assessment may be split or divided among the tenants in common to said property.
(Acts 1919, No. 61, p. 65; Code 1923, §2245; Code 1940, T. 37, §575.)
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 3 - Assessments for Public Improvements Against Property Owned by Tenants in Common. › Section 11-48-102 - Division of Assessment Among Tenants in Common and Acceptance of Payment of and Discharge of Lien Upon Proportionate Shares of Assessment.

Section 11-48-102
Division of assessment among tenants in common and acceptance of payment of and discharge of lien upon proportionate shares of assessment.
The governing body of any municipality may divide such assessment proportionately among the tenants in common and allow any tenant in common to pay and discharge his proportionate share of such assessment, and the lien on his undivided interest shall be discharged upon payment in full, and this may be done before appeal, pending appeal or after final disposition, etc., and also after division, and the governing body of such municipality may adjust the cost of the proceedings with the petitioner and the action may proceed against the other tenants in common.
(Acts 1919, No. 61, p. 65; Code 1923, §2246; Code 1940, T. 37, §576.)
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 3 - Assessments for Public Improvements Against Property Owned by Tenants in Common. › Section 11-48-103 - Notice to Property Owners of Division of Assessment.

Section 11-48-103
Notice to property owners of division of assessment.
In all cases where assessments may be split or divided as authorized in this article, notice to owners of the property covered by such assessments or to their agents shall be given, either in person or by mail, where such owners or agents and their addresses are known or by publication in a newspaper published in the municipality once a week for two consecutive weeks, where such owners or agents and their addresses are unknown, before any final action shall be taken as provided in this article.
(Acts 1919, No. 61, p. 65; Code 1923, §2250; Code 1940, T. 37, §580.)
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 3 - Assessments for Public Improvements Against Property Owned by Tenants in Common. › Section 11-48-104 - Appeals From Division of Assessment.

Section 11-48-104
Appeals from division of assessment.
The owner of any portion of said tract of land may, after said tract and the original assessments have been divided, appeal from the resolution, judgment or order of the governing body levying said assessment in the same manner and under the same conditions as appeals are taken from original assessments; except, that said appeal must be taken within five days after said judgment, resolution, or order.
(Acts 1919, No. 61, p. 65; Code 1923, §2251; Code 1940, T. 37, §581.)
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 3 - Assessments for Public Improvements Against Property Owned by Tenants in Common. › Section 11-48-105 - Correction of Description of Ownership of Property; Reduction of Assessment.

Section 11-48-105
Correction of description of ownership of property; reduction of assessment.
The governing body of a municipality may, at any time before judgment entered in the circuit court, correct errors in the description of ownership of property against which an assessment has been made for public improvements and may, whenever in its judgment the assessment is in excess of the special benefits derived from such improvement, reduce the assessment pending appeal.
(Acts 1919, No. 61, p. 65; Code 1923, §2247; Code 1940, T. 37, §577.)
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 3 - Assessments for Public Improvements Against Property Owned by Tenants in Common. › Section 11-48-106 - Effect of Reduction of Assessment, etc., Upon Assessment Lien.

Section 11-48-106
Effect of reduction of assessment, etc., upon assessment lien.
When any assessment is split or divided or errors corrected in the description of ownerships or assessments reduced, settled, or compromised or any adjustment made or act done as authorized by this article, no lien on the property affected by the assessment under existing laws shall be discharged or impaired but shall be retained in full force and effect on the several parts or portions of the property which may be thereby affected.
(Acts 1919, No. 61, p. 65; Code 1923, §2249; Code 1940, T. 37, §579.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 1 - General Provisions. › Section 11-49-2 - Regulation of Cellar Openings, Stairways, Signs, etc., on Sidewalks; Regulation, Construction, etc., of Sidewalk Repairs.

Section 11-49-2
Regulation of cellar openings, stairways, signs, etc., on sidewalks; regulation, construction, etc., of sidewalk repairs.
Cities and towns may prohibit openings being made on the sidewalks for cellar entrances and may close the same and may prescribe plans and specifications to be followed for such openings, if allowed. They may prohibit stationary or movable stands from being placed on the sidewalks and do any and all things necessary to secure free and ample passageway thereon, including the removal of stairways. They may prohibit the erection of awnings and verandas and signs hanging over the streets and sidewalks and may prescribe plans and specifications therefor, if allowed. They shall require the sidewalks to be kept in repair and, if not repaired by the owners of property abutting thereon, upon reasonable notice, to be determined by the council in the manner to be provided by ordinance, they may be repaired by the municipality at the owner's expense, and the amount expended therefor shall be a lien upon the property, which, with interest, may be collected as taxes or assessments are collected.
(Code 1907, §1266; Code 1923, §2014; Code 1940, T. 37, §647.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 1 - General Provisions. › Section 11-49-3 - Railroads and Public Utilities Using Streets to Be Required to Keep Streets in Repair, Etc.

Section 11-49-3
Railroads and public utilities using streets to be required to keep streets in repair, etc.
Street and other railroad companies shall be required to keep their tracks in repair, using such rails as may be prescribed, and shall maintain and keep in repair the streets between their rails and for 18 inches on each side in such manner as the council or other governing body may prescribe.
Any public utility using the streets of the city or town shall at all times, in a manner prescribed by the council or other governing body, render the use of such streets safe to vehicles and to persons, and all tracks on such street shall, when required by the council or other governing body, be placed at any fixed grade and changed, free of expense to the municipality, when found necessary.
(Code 1907, §1269; Code 1923, §2017; Code 1940, T. 37, §648.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 1 - General Provisions. › Section 11-49-4 - Establishment of Speed Limits, etc., Within Corporate Limits.

Section 11-49-4
Establishment of speed limits, etc., within corporate limits.
Except as otherwise provided in this Code, the several cities and towns in this state shall fix by ordinance the speed at which motor vehicles may be operated within their respective corporate limits and shall fix the punishment for any violation of such ordinance within the limits of fine and imprisonment or either as now authorized or required by law.
(Acts 1920, No. 9, p. 7; Code 1923, §2057; Code 1940, T. 37, §649.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 1 - General Provisions. › Section 11-49-5 - Posting of Sign Boards as to Municipal Speed Limits.

Section 11-49-5
Posting of sign boards as to municipal speed limits.
Any city or town passing any such ordinance shall immediately post on each public highway leading into such city or town where the same enters such corporate limits a sign board on which shall be plainly and legibly written or printed the speed limit adopted.
(Acts 1920, No. 9, p. 7; Code 1923, §2058; Code 1940, T. 37, §650.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 1 - General Provisions. › Section 11-49-6 - Vacation of Right-of-Way Fee.

Section 11-49-6
Vacation of right-of-way fee.
Prior to the exercise of the power of a municipality incorporated in this state to vacate the public right-of-way for a road, street, alley, or other dedicated public way, open or unopen, as a condition of exercise of such power to vacate, the governing body may require abutting landowners who will directly benefit from such vacation to pay to such municipality a vacation of right-of-way fee equal to the fair market value of the land which will be added to the holdings of such abutting landowners. Such fair market value shall be determined by the governing body of the municipality after a public hearing, notice of which shall be published in a daily newspaper of general circulation at least five days prior thereto and mailed to such address or addresses as may be set forth in the application by abutting owners for the vacation of right-of-way unless a waiver of such notice to abutting landowners is filed by such abutting landowners with the clerk of the municipality and noted in the minutes of the municipal governing body at the time of adoption of the resolution vacating such right-of-way, or unless the abutting landowners paying such fee appear, personally or by counsel, at such public hearing. In no event shall the said vacation of right-of-way fee exceed the assessed value per square foot of all subdivision lots or tracts abutting the right-of-way to be vacated applied to square foot area of the real property to be added to holdings of each abutting landowner paying such fee; provided, however, the determination of such a fee in a lesser amount by the governing body of the municipality shall be conclusive as to its amount.
(Acts 1982, 2nd Ex. Sess., No. 82-785, p. 288.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 2 - Establishment and Operation of Ferries on Rivers Between Two Counties. › Section 11-49-20 - Exclusive Rights of Municipalities as to Establishment, Regulation, etc., of Ferries.

Section 11-49-20
Exclusive rights of municipalities as to establishment, regulation, etc., of ferries.
(a) The mayor and council or other governing bodies of incorporated municipalities in this state have the exclusive power and authority to establish or authorize the establishment of ferries on rivers which in whole or in part constitute the dividing line between two counties in this state at points touching such incorporated municipalities and to regulate the same.
(b) In all cases where the river is the dividing line between two counties and where the boundaries of any incorporated municipality border upon such river and at a public road crossing, the power and authority to establish a ferry across said river at such public road crossing is hereby vested exclusively in such municipality.
(Acts 1923, No. 541, p. 721; Code 1923, §2409; Code 1940, T. 37, §372.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 2 - Establishment and Operation of Ferries on Rivers Between Two Counties. › Section 11-49-21 - Applications for and Granting of Licenses for Establishment of Ferries - Procedure Generally.

Section 11-49-21
Applications for and granting of licenses for establishment of ferries - Procedure generally.
On application for a license for establishment of a ferry, where the banks on each side belong to the same person, such person is entitled to the prior right of establishing a ferry; when the banks belong to different persons, the municipal authorities may grant the license at their election to either of such owners making the application. Should any person not the owner of the land on either bank of the river where it is proposed to establish a ferry make application for a license, he shall be required to produce before the municipal authorities a statement in writing from the owner thereof saying that he is not an applicant, and such written statement must appear of record.
(Acts 1923, No. 541, p. 721; Code 1923, §2410; Code 1940, T. 37, §373.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 2 - Establishment and Operation of Ferries on Rivers Between Two Counties. › Section 11-49-22 - Applications for and Granting of Licenses for Establishment of Ferries - Publication, Posting, etc., of Notice of Application.

Section 11-49-22
Applications for and granting of licenses for establishment of ferries - Publication, posting, etc., of notice of application.
No license for a ferry shall be granted until 20 days' notice of the intended application shall have been given by notice published in a newspaper and posted at the city hall of such municipality and at the courthouse door of the county in which such municipality is situated and at three other public places in the county, two of which shall be in the immediate vicinity where it is proposed to establish such ferry, and three other notices shall be posted in three public places in the adjoining county where said ferry touches, and personal notice shall be given to the owner of the land if he is not an applicant.
(Acts 1923, No. 541, p. 721; Code 1923, §2411; Code 1940, T. 37, §374.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 2 - Establishment and Operation of Ferries on Rivers Between Two Counties. › Section 11-49-23 - Licenses to Be Granted for Establishment of Ferries at Public Road Crossings Only; Annulment of Nonconforming Licenses.

Section 11-49-23
Licenses to be granted for establishment of ferries at public road crossings only; annulment of nonconforming licenses.
Such license for a ferry shall be granted only at the crossing of a river at a point where a public highway has been established. All licenses granted at points governed by this article and not in conformity with the provisions of the same are hereby annulled.
(Acts 1923, No. 541, p. 721; Code 1923, §2412; Code 1940, T. 37, §375.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 3 - Requirement of Construction and Maintenance by Railroads of Bridges, Tunnels, etc., Within Limits of Certain Cities. › Section 11-49-40 - Authorized.

Section 11-49-40
Authorized.
The city council or other governing body of each city in the State of Alabama having according to the most recent federal census a population of more than 35,000 inhabitants shall have full power and authority to require railroad companies to construct and maintain within the city limits viaducts, bridges, and tunnels or parts of viaducts, bridges, and tunnels and their approaches over, along, or under the tracks at their own expense, such bridges and their approaches, tunnels or other conveniences at public crossings and such viaducts and their approaches over their tracks where the same cross or extend along public highways or streets.
(Code 1907, §1296; Code 1923, §2070; Acts 1927, No. 347, p. 348; Code 1940, T. 37, §651.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 49 - Regulation, Construction, Maintenance, etc., of Streets, Highways, Railroad Bridges, Ferries, Etc. › Article 3 - Requirement of Construction and Maintenance by Railroads of Bridges, Tunnels, etc., Within Limits of Certain Cities. › Section 11-49-41 - Vacation of Street Where Bridge, Tunnel, etc., to Be Constructed to Be Provided For.

Section 11-49-41
Vacation of street where bridge, tunnel, etc., to be constructed to be provided for.
No viaduct, bridge, or tunnel shall be constructed under this article unless said governing body shall have provided for a vacation of the street upon completion of said viaduct, bridge, or tunnel throughout that portion thereof over, along, or under which the said public improvement is proposed to be constructed. The fee of the street, nevertheless, shall remain in the city.
(Code 1907, §1297; Code 1923, §2071; Acts 1927, No. 347, p. 348; Code 1940, T. 37, §652.)