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11-40-66
Section 11-40-66 Judicial hearing. (a) The Class 2 municipality shall request that a judicial
hearing on the petition occur not earlier than 30 days nor more than 90 days following the
filing of the petition. At the judicial hearing, any interested party shall have the right
to be heard and to contest the delinquency of the municipal code lien, the adequacy of the
proceedings, the classification of the property as owner occupied, and the amount of the tax
payoff. If the court determines that the information set forth in the petition is accurate,
the court shall render its judgment and order that: (1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition
are delinquent. (3) Proper notice has been given to all interested parties. (4) The property
is not owner occupied. (5) The property as described in the petition be sold in accordance
with the provisions of this article. (6) The sale shall become final and...
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11-47-173
Section 11-47-173 Right of entry of municipality pending appeal. When an appeal is taken from
any preliminary assessment as provided for in subsection (c) of Section 11-47-172, such appeal
shall not deprive the municipal corporation obtaining the judgment of condemnation from a
right of entry for any or all of the purposes provided for in Section 11-47-171 or subsection
(a) of Section 11-47-172; provided, that the amount of damages assessed shall be paid into
court in money and a bond shall be given in not less than double the amount of damages assessed,
with good and sufficient sureties, to be approved by the clerk of the court to which the appeal
is taken, conditioned to pay such damages as the owner of the property may sustain. (Code
1907, §1442; Code 1923, §2298; Code 1940, T. 37, §510.)...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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11-51-154
Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security; exception.
(a) When the court has granted a temporary restraining order or preliminary injunction, it
shall not be dissolved until the respondent has executed a bond in an amount fixed by the
court with sufficient surety to be approved by the register or clerk, containing a waiver
of exemptions as to personal property, conditioned to pay such judgment and lawful
court costs as the court upon final hearing may enter against the respondent, except as provided
below. (b) The surety bond required to be made in this section shall remain in full force
and effect as security for any judgment and court costs the court may enter and tax against
the respondent, but if the respondent takes an appeal and gives a supersedeas bond, upon affirmance
of the appeal, the surety bond provided by this section shall become null and void. (c) The
respondent shall not, however, be required to post the surety bond required in...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-65.htm - 11K - Match Info - Similar pages
40-2A-4
Section 40-2A-4 Taxpayers' bill of rights. (a) Rights of the taxpayer. (1) For purposes of
this subsection and subsections (c) and (d), the term "department" shall include
the Department of Revenue, a self-administered county or municipality, or a private examining
or collecting firm, depending on whether the Department of Revenue, a self-administered county
or municipality, or private examining or collecting firm is conducting the examination of
the taxpayer. (2) At or before the commencement of an examination of the books and records
of a taxpayer, the department shall provide to the taxpayer the current version of Publication
1A. Publication 1A shall provide, in simple and non-technical terms, a statement of the taxpayer's
rights. Those rights include the right to be represented during an examination, an explanation
of their appeal rights, and the right to know the criteria and procedures used to select taxpayers
for an examination. (3) At or before the issuance of a preliminary...
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12-19-311
signature bond, including a bond on electronic traffic and nontraffic citations, the fee shall
be affixed at twenty-five dollars ($25). For purposes of this section, face value of bond
shall mean the bond amount set by court or other authority at release, not the amount posted
at release on bail. (2) The fees assessed pursuant to paragraph a. of subdivision (1) of subsection
(a) are required whether the release from confinement or admittance to bail is based on cash,
judicial public bail, personal recognizance, a signature bond, including a bond on
electronic traffic and nontraffic citations for those serious traffic offenses enumerated
in Title 32, Chapter 5A, Article 9, an appearance bond, a secured appearance bond utilizing
security, a bond executed by a professional surety company, or a professional bail company
using professional bondsmen; provided, however that no fee shall be assessed pursuant to paragraph
a. of subdivision (1) of subsection (a) if a person is released on...
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13A-11-84
Section 13A-11-84 Penalties; seizure and disposition of pistols involved in violations of certain
sections. (a) Every violation of subsection (a) of Section 13A-11-72 or Section 13A-11-81
shall be a Class C felony. Every violation of subsection (b) of Section 13A-11-72 or Sections
13A-11-73, 13A-11-74, 13A-11-76, and 13A-11-77 through 13A-11-80 shall be a Class A misdemeanor.
The punishment for violating Section 13A-11-78 or 13A-11-79 may include revocation of license.
(b) It shall be the duty of any sheriff, policeman, or other peace officer of the State of
Alabama, arresting any person charged with violating Sections 13A-11-71 through 13A-11-73,
or any one or more of those sections, to seize the pistol or pistols in the possession or
under the control of the person or persons charged with violating the section or sections,
and to deliver the pistol or pistols to one of the following named persons: if a municipal
officer makes the arrest, to the city clerk or custodian of stolen...
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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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11-47-172
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer shall
apply to the clerk of the circuit court of the county for a writ of ad quod damnum to be directed
to the sheriff of the county, commanding him to summon three freeholders of the county to
appear before the sheriff on a day named, not less than two days from the date of the writ,
and to proceed under his direction to assess a value of the lands of such proprietor for the
use thereof or damages or injury which may be done to any property by the change in
the grade of any street, sidewalk, or public place named in the application for the writ and
in the writ, which shall describe the lands required for the use of the city or town, the
use for which said lands are desired, the grade intended (in case of change desired in grade
of any street, sidewalk, or public place) and the name of the owners, respectively, if known,
and the said persons thus selected shall be sworn by the sheriff to...
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