reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 2 - Dissolution. › Section 11-41-24 - Grounds for Forfeiture of Charter.

Section 11-41-24
Grounds for forfeiture of charter.
If any municipal corporation having a population of 1,100 inhabitants or less shall fail to elect a mayor or other chief executive officer for more than one year after the time fixed for such elections, shall fail to levy and collect city or town taxes or arrange to receive moneys or services in lieu of such taxes for more than three successive years or shall fail to see that the streets and roads within its limits are kept in proper condition, it shall, as a municipal corporation, forfeit its charter, and such forfeitures shall be determined in the manner set out in the following sections.
The provisions of this section shall apply to all such municipal corporations heretofore or hereafter created under the laws of the state of Alabama.
(Acts 1919, No. 517, p. 739; Code 1923, §2330; Code 1940, T. 37, §21; Acts 1965, No. 660, p. 1184.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 2 - Dissolution. › Section 11-41-25 - Petition to Probate Judge for Decree of Forfeiture; Notice and Hearing Upon Petition.

Section 11-41-25
Petition to probate judge for decree of forfeiture; notice and hearing upon petition.
The county commission or any five qualified voters of the county in which any such corporation is situated may file with the probate judge of such county a petition in writing setting up one or more of the grounds enumerated in section 11-41-24 and praying for a decree declaring the charter of said town forfeited, and thereupon said judge shall set down and hear said petition after giving notice for the same time and in the same manner as provided in section 11-41-22.
(Acts 1919, No. 517, p. 739; Code 1923, §2331; Code 1940, T. 37, §22.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 2 - Dissolution. › Section 11-41-26 - Rendition of Decree of Forfeiture and Dissolution; Appeal From Same.

Section 11-41-26
Rendition of decree of forfeiture and dissolution; appeal from same.
If, upon such hearing, it shall appear that one of the grounds of forfeiture enumerated in section 11-41-24 exists, the probate judge shall render a decree declaring such charter forfeited and such municipality dissolved, and from any decree rendered under this section any citizen of the town or person filing such petition may appeal to the circuit court upon giving bond for cost of such appeal.
(Acts 1919, No. 517, p. 739; Code 1923, §2332; Code 1940, T. 37, §23.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 2 - Dissolution. › Section 11-41-27 - Disposition of Property After Dissolution.

Section 11-41-27
Disposition of property after dissolution.
If any municipal corporation dissolved under the provisions of this article shall own any property, the title thereto shall vest in the county in which such municipal corporation is situated, but if such corporation shall owe any debts, such property shall be sold by the county commission, and be applied pro rata to the payment of such indebtedness.
(Acts 1919, No. 517, p. 739; Code 1923, §2333; Code 1940, T. 37, §24.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 2 - Dissolution. › Section 11-41-28 - Fee of Probate Judge.

Section 11-41-28
Fee of probate judge.
The probate judge shall be entitled to $5.00 for services rendered under this article, to be paid by the person or persons filing the petition.
(Acts 1919, No. 517, p. 739; Code 1923, §2334; Code 1940, T. 37, §25.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 1 - Annexation of Territory by Municipalities Generally. › Section 11-42-1 - Applicability of Provisions of Article; Provisions of Article Not Exclusive.

Section 11-42-1
Applicability of provisions of article; provisions of article not exclusive.
Any town or city may from time to time extend its corporate limits in the manner set forth in this article, but the provisions of this article shall not preclude any city or town from extending its corporate limits in any other way or manner that may be authorized by law.
(Code 1907, §1070; Code 1923, §1764; Code 1940, T. 37, §134.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 1 - Annexation of Territory by Municipalities Generally. › Section 11-42-3 - Subsequent Extensions of Corporate Limits; Requirement as to Resolutions, Orders, or Notices Under Article.

Section 11-42-3
Subsequent extensions of corporate limits; requirement as to resolutions, orders, or notices under article.
(a) Any city or town having extended its corporate limits under the provisions of this article or other law may again extend its corporate limits under this article or under any other law authorizing an extension of corporate limits by such city or town.
(b) In every proceeding to extend the corporate limits of any city or town under the provisions of this article, the council of such city or town shall declare in each and every resolution provided for in this article and the probate judge shall declare in each and every order directing and ordering an election to be held under this article, and in every notice given under this article, and in every order made and entered on the records of the probate court under this article, that such resolution, order, or notice, as the case may be, is passed, entered, or given under the provisions of this article.
(Code 1907, §1072; Code 1923, §1766; Code 1940, T. 37, §136.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 1 - Annexation of Territory by Municipalities Generally. › Section 11-42-4 - Subsequent Elections Not to Be Held Within 12 Months of Preceding Election.

Section 11-42-4
Subsequent elections not to be held within 12 months of preceding election.
After an election has been held in any territory under the provisions of this article or any other law, no other or subsequent election shall be ordered or held for the same territory or any part thereof within 12 months next after said election.
(Code 1907, §1073; Acts 1909, No. 200, p. 197; Code 1923, §1767; Code 1940, T. 37, §137.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 1 - Annexation of Territory by Municipalities Generally. › Section 11-42-5 - Validation of Certain Prior Annexations.

Section 11-42-5
Validation of certain prior annexations.
Every annexation undertaken prior to May 4, 2011, under any statutory procedure for annexation by any municipality and which the annexation procedure has been completed, notwithstanding any irregularity or defect in the procedure, is ratified and confirmed and given effect in all respects as if all provisions of law relating to the annexation proceeding had been duly and legally complied with. This section shall not apply to any annexation or attempted annexation which, prior to May 4, 2011, has been held invalid by the Supreme Court of Alabama or by the Court of Civil Appeals of Alabama or by a final judgment of the circuit court in the county in which the annexation was completed and from which judgment an appeal was not taken to the Supreme Court of Alabama or the Court of Civil Appeals of Alabama within the time provided by law for taking appeals, or to any annexation the validity of which is an issue in a pending action commenced prior to May 4, 2011. Nothing in this section shall be construed to alter the provisions of Article 5, commencing at Section 11-49-80, of Chapter 49, which requires a municipality to assume responsibility for roads annexed into the municipality under certain circumstances.
(Acts 1977, No. 752, p. 1290; Acts 1987, No. 87-796, p. 1569; Acts 1993, No. 93-569, p. 948, §1; Act 98-487, p. 932, §1; Act 2011-214, p. 400, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 1 - Annexation of Territory by Municipalities Generally. › Section 11-42-6 - Bill to Contain Accurate Description of Territory and Plat or Map; Copies of Map to Be Furnished to Judge of Probate; Notice of Intention to Apply for Local Law Annexing Territory.

Section 11-42-6
Bill to contain accurate description of territory and plat or map; copies of map to be furnished to judge of probate; notice of intention to apply for local law annexing territory.
(a) Any bill introduced in the legislature which attempts to annex territory to any municipality or to otherwise change the boundary lines of any municipality shall contain an accurate description of the territory proposed to be annexed to or removed from such municipality together with a plat or map of such territory attached; showing its relationship to the corporate limits of the municipality to which such territory is proposed to be annexed. Copies of such map shall also be furnished to the judge of probate for the county or counties wherein the territory proposed to be annexed to or removed from the municipality is located.
(b) The publication of notice of intention to apply for any local law annexing territory to any municipality or otherwise changing the boundary lines of any municipality shall, in addition to all other requirements provided by law, state that a map showing what territory is to be annexed to or removed from such municipality is on file in the office of the judge of probate in the county or counties wherein such territory is located and that such map is open to the inspection of the public.
(Acts 1986, No. 86-535, p. 1038.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 1 - Annexation of Territory by Municipalities Generally. › Section 11-42-7 - Legislative Reapportionment Office to Be Notified of Annexation or Deannexation.

Section 11-42-7
Legislative Reapportionment Office to be notified of annexation or deannexation.
Any municipality which annexes property into the municipality or deannexes property from the municipality shall notify the Legislative Reapportionment Office of such action within seven days of the final action. The municipality shall provide all census blocks involved in the annexation or deannexation to the Legislative Reapportionment Office so that the office may maintain accurate information concerning the corporate limits of each municipality located within the state. A municipality's failure to notify the Legislative Reapportionment Office as provided herein shall not be grounds to challenge or invalidate the annexation or deannexation.
(Act 2006-249, p. 452, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 2 - Annexation of Territory by Municipalities of 2,000 Inhabitants or More. › Section 11-42-20 - "Owners" Defined.

Section 11-42-20
"Owners" defined.
The term "owners," as used in this article, shall mean the person in whose name the property is assessed for ad valorem tax purposes in the absence of proof to the contrary.
(Acts 1971, No. 2228, p. 3585, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 2 - Annexation of Territory by Municipalities of 2,000 Inhabitants or More. › Section 11-42-22 - Subsequent Extensions of Corporate Limits.

Section 11-42-22
Subsequent extensions of corporate limits.
Any incorporated municipality having extended its corporate limits under the provisions of this article or any other law may again extend its corporate limits under this article or under any other law authorizing an extension of the corporate limits by such incorporated municipality.
(Acts 1971, No. 2228, p. 3585, §2; Acts 1982, No. 82-507, p. 838, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 2 - Annexation of Territory by Municipalities of 2,000 Inhabitants or More. › Section 11-42-23 - Provisions of Article Not Exclusive.

Section 11-42-23
Provisions of article not exclusive.
The provisions of this article shall in no wise preclude any municipality from extending its corporate limits by annexation in any other way or manner that may be authorized by law.
(Acts 1971, No. 2228, p. 3585, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 2 - Annexation of Territory by Municipalities of 2,000 Inhabitants or More. › Section 11-42-24 - Construction of Article.

Section 11-42-24
Construction of article.
This act [amended sections 11-42-21, 11-42-22] shall not be construed to affect any proposed annexation, done under the provisions of this article, in progress at the time this act [amended sections 11-42-21, 11-42-22] becomes a law; nor shall it affect any proceedings in a court of competent jurisdiction involving annexations attempted under this article.
(Acts 1982, No. 82-507, p. 838, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 2A - Annexation of Territory by Class 6 Municipality of Land Contiguous to Public University. › Section 11-42-30 - Annexation of Territory Contiguous to Public University.

Section 11-42-30
Annexation of territory contiguous to public university.
Notwithstanding any other provision of law, any Class 6 municipality may annex land or territory pursuant to the provisions of this chapter, provided the land or territory is contiguous to land or territory owned by a public university when the land or territory owned by the university is contiguous to the municipality notwithstanding the fact that the land or territory to be annexed is not contiguous to the municipality. Nothing in this section shall affect the status of property owned by the university.
(Act 99-577, p. 1303, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-40 - Applicability of Provisions of Article; Provisions of Article Not Exclusive.

Section 11-42-40
Applicability of provisions of article; provisions of article not exclusive.
Any city having 25,000 inhabitants or more, as shown by the last federal census, from time to time, may extend its corporate limits in the manner and with the rights, powers, and privileges as set forth in this article, but the provisions of this article shall not preclude any city from extending its corporate limits in any other way or manner that may be authorized by law.
(Code 1907, §1075; Code 1923, §1769; Code 1940, T. 37, §138.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-41 - Passage of Resolution to Annex Territory.

Section 11-42-41
Passage of resolution to annex territory.
The council or governing body of the city may pass a resolution to the effect that the public health or public good requires that certain territory (described in the resolution) shall be brought within the limits of the city.
(Code 1907, §1076; Code 1923, §1770; Code 1940, T. 37, §139.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-42 - Certification and Filing of Resolution and Map or Plat of Territory to Be Annexed With Probate Judge.

Section 11-42-42
Certification and filing of resolution and map or plat of territory to be annexed with probate judge.
(a) The mayor or other executive head of the city shall certify a copy of such resolution to the judge of probate of the county in which the land proposed to be brought into the city is situated, and said certified resolution shall have attached thereto a plat or map of the territory proposed to be brought into the corporate limits of the city, which certified resolution and plat or map shall be filed with the judge of probate.
(b) The plat or map filed with the certified copy of the resolution as required in subsection (a) of this section shall show the boundary of the territory proposed to be taken into the city, which territory must be contiguous to the boundary of the city at some point and may extend to or around the boundary line of any other city, but is not to embrace any territory within the corporate limits of another city.
(Code 1907, §§1077, 1089; Code 1923, §§1771, 1783; Code 1940, T. 37, §§140, 152.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-43 - Ordering of Election.

Section 11-42-43
Ordering of election.
Within 10 days of the date of the filing of such certified copy of resolution with plat or map attached, the judge of probate must make and enter an order upon the minutes of said court directing and ordering an election to be held by the qualified electors residing within the territory described in such plat or map not less than 20 days nor more than 40 days from the date of the making of the order.
(Code 1907, §1078; Code 1923, §1772; Code 1940, T. 37, §141.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-44 - Notice of Election.

Section 11-42-44
Notice of election.
The said judge of probate shall give notice of the holding of such election by publication in at least one newspaper and, at the discretion of the judge, in more than one newspaper published in the county wherein such election is to be held, which notice shall state the day on which such election will be held, the voting place or places at which the election will be held and the boundaries within which voters must reside to vote at the respective voting places, which must be within the territory proposed to be brought into the city, and such notice must give a description of the territory proposed to be brought within the city and must state that a map showing the territory proposed to be brought into the city is on file in the office of the judge of probate of said county, open to the inspection of the public.
(Code 1907, §1079; Code 1923, §1773; Code 1940, T. 37, §142.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-45 - Designation of Voting Places and Boundaries for Voting.

Section 11-42-45
Designation of voting places and boundaries for voting.
The judge of probate may designate as many voting places within the territory proposed to be annexed as he may deem necessary for the convenience of the voters and must designate the boundaries within which the voters must reside to vote at the respective voting places.
(Code 1907, §1080; Code 1923, §1774; Code 1940, T. 37, §143.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-46 - Appointment of Inspectors and Returning Officers; Duty of Inspectors Generally.

Section 11-42-46
Appointment of inspectors and returning officers; duty of inspectors generally.
The probate judge shall appoint three inspectors of election and one returning officer for each voting place. The inspectors shall manage the election at the respective voting places at which they are appointed inspectors.
(Code 1907, §1081; Code 1923, §1775; Code 1940, T. 37, §144.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-47 - Qualifications for Voting; Electors to Vote at Designated Voting Places.

Section 11-42-47
Qualifications for voting; electors to vote at designated voting places.
Each qualified voter who has resided within the boundaries of the territory proposed to be brought into the city for three months next preceding the election may vote at such election, but must vote at the voting place designated by the judge of probate for voters in the territory in which he resides within the territory proposed to be brought into the city.
(Code 1907, §1082; Code 1923, §1776; Code 1940, T. 37, §145.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-48 - Applicability of General Election Laws.

Section 11-42-48
Applicability of general election laws.
The election to determine whether or not the proposed territory shall be brought within the corporate limits of the city must be conducted in all respects as provided by the general election laws and under the same sanction and penalties, except as changed by the provisions of this article, and except that an official ballot need not be provided.
(Code 1907, §1083; Code 1923, §1777; Code 1940, T. 37, §146.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-49 - Ballots.

Section 11-42-49
Ballots.
Each voter may furnish his own ballot with the following words written or printed thereon: "For annexation," if he desires to vote in favor of annexing the territory to the city or "Against annexation," if he desires to vote against annexing the territory to the city. It shall not be necessary for the ballot to be of any particular size, form, or color.
(Code 1907, §1084; Code 1923, §1778; Code 1940, T. 37, §147.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-50 - Ascertainment, Certification, and Delivery of Election Results.

Section 11-42-50
Ascertainment, certification, and delivery of election results.
The inspectors at the respective voting places must, as soon as the polls are closed, ascertain and certify the results of the election at their respective voting places to the judge of probate and deliver the same to the returning officer, who must at once return the same to the judge of probate.
(Code 1907, §1085; Code 1923, §1779; Code 1940, T. 37, §148.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-51 - Canvassing of Returns; Entry, Recordation, etc., of Orders, Maps, etc., as to Annexation of Territory.

Section 11-42-51
Canvassing of returns; entry, recordation, etc., of orders, maps, etc., as to annexation of territory.
The judge of probate must canvass the returns as made by the inspectors and if it appears that a majority of the votes cast at the election were "for annexation" the judge shall make and enter an order on the records of the probate court adjudging and decreeing the corporate limits of the city to be extended so as to embrace the territory described in the resolution and designated on the plat or map attached to the resolution, and must cause the certified resolution and all orders or decrees or judgments to be recorded in the records in his office and must also cause the map or plat to be recorded in the map records in his office, and from the time of the entry of such order such territory shall be a part of and within the corporate limits of the city with the limitations, rights, powers, and privileges set forth in this article.
If it appears that a majority of the votes cast at the election are "against annexation," the judge of probate shall make and enter an order on the records of the court adjudging and decreeing that a majority of the votes cast at such election were cast against coming into the corporate limits of the city and that the territory described and designated in the resolution and plat or map attached shall not form a part of or be embraced in the city until it may thereafter be brought into the city as a part thereof.
(Code 1907, §1086; Code 1923, §1780; Code 1940, T. 37, §149.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-52 - Contests of Election.

Section 11-42-52
Contests of election.
The result of such election may be contested by any qualified elector voting at the election in the manner provided for control of general municipal elections, making the city the contestee.
(Code 1907, §1087; Code 1923, §1781; Code 1940, T. 37, §150.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-53 - Costs of Election.

Section 11-42-53
Costs of election.
The city at whose instance the election is held shall pay all cost and expense incident to the election.
(Code 1907, §1088; Code 1923, §1782; Code 1940, T. 37, §151.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-54 - Subsequent Extensions of Corporate Limits.

Section 11-42-54
Subsequent extensions of corporate limits.
Any city having extended its corporate limits under the provisions of this article or any other act or law may again extend its corporate limits under this article or under any other act or law authorizing an extension of corporate limits by such city.
(Code 1907, §1123; Code 1923, §1817; Code 1940, T. 37, §185.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-55 - Requirement as to Resolutions, Orders, or Notices Under Article.

Section 11-42-55
Requirement as to resolutions, orders, or notices under article.
In every proceeding to extend the corporate limits of any city under the provisions of this article the council of such city shall declare in each and every resolution provided for in this article and the probate judge shall declare in each and every order directing and ordering an election to be held under this article and in every notice given hereunder and in every order made and entered on the records of the probate court under this article, that such resolution, order, or notice, as the case may be, is passed, ordered, or given under the provisions of this article.
(Code 1907, §1124; Code 1923, §1818; Code 1940, T. 37, §186.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-56 - Subsequent Elections Not to Be Held Within 12 Months of Preceding Election.

Section 11-42-56
Subsequent elections not to be held within 12 months of preceding election.
After an election has been held in any territory under the provisions of this or any other similar law, no other or subsequent election shall be ordered or held for the same territory or any part thereof within 12 months next after said election.
(Code 1907, §1125; Code 1923, §1819; Code 1940, T. 37, §187.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-57 - Exemption From Taxation of Territory Annexed and Property Therein.

Section 11-42-57
Exemption from taxation of territory annexed and property therein.
All territory brought within the corporate limits of a city under the provisions of this article and all property having a situs within such territory shall be exempt from city taxation or the payment of taxes to the city for the period of not less than 10 nor more than 15 years from the time when such territory is brought within the corporate limits of the city, which period of exemption shall be fixed in the resolution passed by the council or governing body of the city authorized under the provisions of section 11-42-41, except as provided in sections 11-42-58 and 11-42-59.
(Code 1907, §1090; Code 1923, §1784; Code 1940, T. 37, §153.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-58 - Certain Annexed Territory and Property Therein Subject to Taxation After Five Years.

Section 11-42-58
Certain annexed territory and property therein subject to taxation after five years.
From time to time after the lapse of five years from the time when such territory is brought within the corporate limits of the city, all portions of such territory as has residing on it a population of at least 20 persons on a contiguous 10 acres of land (in form of a square or any other shape) and all property having a situs on such populated territory shall thereafter be subject to taxation by the city and taxes thereon shall be paid to the city.
(Code 1907, §1091; Code 1923, §1785; Code 1940, T. 37, §154.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-59 - Exemption From Taxation of Mining, Manufacturing, or Industrial Plants, etc., in Annexed Territory.

Section 11-42-59
Exemption from taxation of mining, manufacturing, or industrial plants, etc., in annexed territory.
All portions of such territory which is at the time it is brought within the corporate limits of the city used or occupied as or as a part of a mining, manufacturing, or industrial plant or construction or which is used or occupied as or as a part of a railroad or street railroad or for any other quasi-public use and continues to be so used and all property having a situs on such territory (but not including residences, dwelling houses, storehouses, commissaries, warehouses, or the land on which they are situated) shall be exempt from city taxation for a period of 10 years, and all portions of such territory which, after it is brought within the corporate limits of the city, is used or occupied by a new construction as or as a part of a mining, manufacturing, or industrial plant or construction or which is used or occupied as or as a part of a railroad or a street railroad or for any other quasi-public use and continues to be so used and all property having a situs on such territory (but not including residences, dwelling houses, storehouses, commissaries, warehouses, or the land on which they are situated) shall be exempt from city taxation for a period of 10 years from the time of construction, use, or occupation, but in no event is the exemption to extend beyond 15 years from the time when such territory is brought within the corporate limits of the city.
(Code 1907, §1092; Code 1923, §1786; Code 1940, T. 37, §155.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-60 - Passage, Certification, Filing With Probate Judge, etc., of Resolution Declaring Annexed Territory Subject to Taxation and Map of Same.

Section 11-42-60
Passage, certification, filing with probate judge, etc., of resolution declaring annexed territory subject to taxation and map of same.
Whenever and as often as the facts exist which authorize a city to collect taxes from and on any portion of the territory brought within the corporate limits under the provisions of this article, the council or governing body of the city shall pass a resolution declaring the territory (described in the resolution) subject to taxation, and thereupon the mayor or governing head of the city shall make and file with the judge of probate of the county in which the city is situated a certified copy of such resolution, together with a map of such territory attached thereto showing respectively the land owned by the respective owners, if the owners are known, or "unknown owners" where owners are not known.
(Code 1907, §1093; Code 1923, §1787; Code 1940, T. 37, §156.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-61 - Notice of Passage of Resolution and Hearing for Property Owners to Show Cause Why Property Should Not Be Subject to Taxation.

Section 11-42-61
Notice of passage of resolution and hearing for property owners to show cause why property should not be subject to taxation.
The mayor or other governing head of the city, within five days of the time he files the certified copy of such resolution with map attached as provided in section 11-42-60, shall give notice by publication once a week for three sucessive weeks in some newspaper published in the city to the person or persons owning the land described in the resolution of the passing of the resolution by the council or governing body, and shall further state in said notice that a certified copy of the resolution with map attached is on file in the office of the judge of probate of the county, and shall cite the property owner or owners (without naming them) to appear before the judge of probate of said county on a day fixed in the notice, which must not be less than 30 days from the first publication of the notice, to show cause, if any, why said land or any part thereof or property having a situs thereon should not thereafter pay taxes to the city or be subject to taxation by the city.
(Code 1907, §1094; Code 1923, §1788; Code 1940, T. 37, §157.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-62 - Separately Owned Lands May Be Embraced in Single Resolution or Notice.

Section 11-42-62
Separately owned lands may be embraced in single resolution or notice.
Land owned by any number of separate and distinct owners may be embraced in the same resolution passed by the board or governing body of the city, and notice or citation by publication may be given to all owners by the mayor in one notice, but each owner shall have the right of contest as provided in this article as to any land owned by him.
(Code 1907, §1095; Code 1923, §1789; Code 1940, T. 37, §158.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-63 - Filing of Contest as to Right of City to Tax Lands or Property; City to File Separate Causes Against Contesting Property Owners.

Section 11-42-63
Filing of contest as to right of city to tax lands or property; city to file separate causes against contesting property owners.
(a) On the day fixed in the notice or any day to which said cause may be continued, any owner of any of the property declared to be subject to taxation by the city in the resolution may file with the judge of probate a contest contesting the right of the city to tax any of the land or property owned by him, assigning as grounds for such contest the nonexistence of some one or more of facts required by this article to be in existence before the property is subject to city taxation.
(b) A separate case shall be docketed by the city against each property owner who files a contest, and thereafter such cause shall be a separate and distinct cause.
(Code 1907, §1096; Code 1923, §1790; Code 1940, T. 37, §159.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-64 - Rendition of Decree Adjudging Property Subject to Taxation, etc., as to Noncontesting Property Owners.

Section 11-42-64
Rendition of decree adjudging property subject to taxation, etc., as to noncontesting property owners.
On the day fixed in the citation published by the mayor for the hearing before the judge of probate or the day to which such case is continued, as to such property owner or owners as do not file a contest, the judge of probate shall render a decree adjudging that the land owned by such property owner or owners and all property having a situs thereon shall thereafter be subject to taxation by the city, and taxes thereon shall be paid to the city, and shall cause the map attached to the certified resolution passed by the board or governing body of the city to be recorded, and after the said map is recorded, the judge of probate shall endorse on said map, "adjudged subject to city taxation," on such portion of the property covered by said map as is adjudged to be subject to city taxation.
(Code 1907, §1097; Code 1923, §1791; Code 1940, T. 37, §160.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-65 - Hearings on Contests as to Right to Tax; Rendition of Decree as to Taxation of Property.

Section 11-42-65
Hearings on contests as to right to tax; rendition of decree as to taxation of property.
(a) As to each cause against a property owner who filed a contest, the judge of probate may set the same for hearing at such time as he sees fit, and on the hearing shall hear such evidence as is introduced by either the property owner or the city and shall determine as to whether or not the facts which authorize the property to be taxed by the city under the terms of this article did or did not exist at the time the certified resolution was passed by the board or governing body of the city.
(b) If the judge of probate decides that the requisite facts did exist at the time of the passing of the resolution, he shall render a decree adjudging that thereafter the land and property having a situs thereon (described in the decree) shall be subject to taxation by the city and that taxes thereon shall thereafter be paid to the city.
If the judge of probate decides that the requisite facts did not exist at the time of the passing of said resolution, the judge of probate shall render a decree adjudging that the land and property having a situs thereon is not subject to taxation by the city, and that taxes thereon shall not be paid to the city until the facts thereafter authorize such taxation in accordance with the provisions of this article.
(Code 1907, §1098; Code 1923, §1792; Code 1940, T. 37, §161.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-66 - Appeals From Judgment of Probate Judge - Filing; Security for Costs; Right to Jury Trial.

Section 11-42-66
Appeals from judgment of probate judge - Filing; security for costs; right to jury trial.
The property holders of the city shall have the right to appeal from the judgment of the judge of probate to the circuit court of the county in which the land is situated, within 10 days from the rendition of the judgment by the judge of probate, the property owner giving security for cost of appeal, to be approved by the judge of probate, if the appeal is taken by the property owner.
On an appeal taken by either party, the action shall be entered on the trial docket and tried de novo in the circuit court, without a jury unless a trial by jury is demanded by the party taking the appeal by serving upon the other party a demand therefor in writing not less than 10 days after filing the notice of appeal or unless a trial by jury is demanded by the other party in the action by serving a demand therefor in writing upon the other party within 10 days from the time that notice of such appeal is served on him.
(Code 1907, §1099; Code 1923, §1793; Code 1940, T. 37, §162.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-67 - Appeals From Judgment of Probate Judge - Issuance and Service of Notice of Appeal.

Section 11-42-67
Appeals from judgment of probate judge - Issuance and service of notice of appeal.
The judge of probate, within 10 days after an appeal is taken, shall issue notice to the opposite party of the appeal, and place such notice in the hands of the sheriff of the county, and the sheriff shall serve such notice upon the party to whom the same is issued and make returns thereof to the said judge of probate, but if the city takes the appeal, such notice issued to the property holder may be served upon the property holder or his agent or attorney, and if the property holder, his agent or attorney cannot be found by the sheriff, upon any person over the age of 19 years residing on or having custody of the property of such property owner.
(Code 1907, §1100; Code 1923, §1794; Code 1940, T. 37, §163.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-68 - Appeals From Judgment of Probate Judge - Transmittal of Papers to Clerk of Circuit Court; Withdrawal of Map and Certified Resolution From Files of Probate Judge for Use in Circuit Court.

Section 11-42-68
Appeals from judgment of probate judge - Transmittal of papers to clerk of circuit court; withdrawal of map and certified resolution from files of probate judge for use in circuit court.
If an appeal is taken, the judge of probate shall transmit all papers in the action, except the map and certified resolution, to the clerk of the court to which the appeal is taken, and such map and certified resolution, after the same have been recorded by the judge of probate as provided in this article, may be withdrawn from the file in the judge of probate's office by either party for use in the trial of the action in the circuit court, but must be returned to the judge of probate immediately after the trial of said action in the circuit court.
(Code 1907, §1101; Code 1923, §1795; Code 1940, T. 37, §164.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 42 - Alteration of Corporate Limits. › Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More. › Section 11-42-69 - Trial and Entry of Judgment by Circuit Court; Appeals From Judgment of Circuit Court; Endorsement on Map by Probate Judge Where No Appeal From Judgment of Probate Court.

Section 11-42-69
Trial and entry of judgment by circuit court; appeals from judgment of circuit court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist subjecting the land and property having a situs thereon to taxation by the city, a judgment shall be entered adjudging that the land and property having a situs thereon be, and the same is, subject to taxation by the city and that the taxes thereon shall be paid to the city. If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging that the land and property having a situs thereon is not subject to taxation by the city, and the cost of appeal and of contest shall be adjudged against the losing party.
(b) Either the city or the property owner may appeal from the judgment of the circuit court to the supreme court within the time and in the same manner as is provided by the Alabama Rules of Appellate Procedure for an appeal from such court in an analogous action.
(c) In each contested action before the judge of probate where judgment is entered adjudging that the property is subject to city taxation and where there is no appeal from such judgment, the judge of probate, as soon as the time for an appeal has expired, shall make an endorsement on the record of said map across the property in contest as shown on said map, "Adjudged subject to city taxation."
(Code 1907, §1102; Code 1923, §1796; Code 1940, T. 37, §165.)