35-11-211
Section 35-11-211 Priority of lien. (a) Such lien as to the land and buildings or improvements
thereon, shall have priority over all other liens, mortgages, or incumbrances created subsequent
to the commencement of work on the building or improvement. Except to the extent provided
in subsection (b) below, all liens, mortgages, and incumbrances (in this section, "mortgages
and other liens") created prior to the commencement of such work shall have priority
over all liens for such work. Enforcement of such lien of a mechanic, materialman, or other
person created by Section 35-11-210 (in this section, "mechanic or materialman lien")
shall not affect any prior mortgage or other lien, and the purchaser in connection with the
enforcement of such mechanic or materialman lien shall take the property subject to such prior
mortgages and other liens of which the purchaser has actual or constructive notice on the
date of the purchase. Foreclosure of any prior mortgage or other lien shall terminate...
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11-50-101
Section 11-50-101 Issuance, etc., of bonds by municipalities having less than six thousand
inhabitants. Any city or town having a population of less than 6,000 inhabitants may, notwithstanding
the amount or character of any bonded or other indebtedness, issue such bonds, but the same
shall be a lien or charge only against the property improved and drained and against the fund
collected from the assessments levied against the property improved and drained and shall
not be the general obligation of the city or town, nor shall such city or town be in any way
liable to the holders of such bonds in case of failure to collect the same, but such bonds
may be secured by mortgage on or deed of trust to said sewers or sewer system. Such last described
bonds, when issued, shall convey and transfer to the owners thereof all right, title, and
interest in and to the assessment and the lien upon the respective lots or parcels of ground
provided for in this division, which liens and assessments shall...
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11-89C-10
Section 11-89C-10 Assessment, collection, etc., of fees, charges, or assessments. (a) The tax
assessor and the tax collector, or other public official performing the functions of the tax
assessor and tax collector, of every county in this state shall, upon request, implement procedures
necessary and appropriate in order to assess and collect the fees, charges, or assessments
levied in accordance with Section 11-89C-9(d) by any governing body or member governing body.
(b) The fees, charges, or assessments shall be a lien upon any land to which it may be levied,
and shall be assessed, collected, and enforced as are other ad valorem taxes. Each county
collecting such fee, charge, or assessment shall receive a one percent commission on all amounts
collected which shall be deposited to the county general fund. (c) On a quarterly basis not
later than the 20th day of January, April, July, and October, every governing body shall remit
five percent (5%) of all fees collected pursuant to Section...
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45-10-170.42
Section 45-10-170.42 Connection with public sewerage system. (a)(1) The Cherokee County Commission,
through the county health department, shall compel connection of any new construction in resort
areas to any available public sewerage system, whether publicly or privately owned. (2) The
county commission, through the county health department, shall compel the connection of existing
privies, water closets, and septic tanks in resort areas which are not designed or operated
in full compliance with all applicable state and county regulations with any available public
sewerage system, whether publicly or privately owned. In case of failure of the property user
to connect after reasonable notice from the county as provided in Section 45-10-170.43, the
county health department may connect the privies, water closets, and septic tanks with the
sewerage system and the expense of the same shall be assessed against the property and the
cost thereof shall be a lien upon the property in favor of...
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40-22-1
Section 40-22-1 Deeds, bills of sale, etc. (a) Except as set out in subsection (b), no deed,
bill of sale, or other instrument of like character which conveys any real or personal property
within this state or which conveys any interest in any such property shall be received for
record unless the privilege or license tax is paid prior to the instrument being offered for
record as provided in subsection (c). (b) No privilege or license tax shall be required for
any of the following: (1) The transfer of mortgages on real or personal property within this
state upon which the mortgage tax has been paid. (2) Deeds or instruments executed for a nominal
consideration for the purpose of perfecting the title to real estate. (3) The re-recordation
of corrected mortgages, deeds, or instruments executed for the purpose of perfecting the title
to real or personal property, specifically, but not limited to, corrections of maturity dates
thereof, and deeds and other instruments or conveyances,...
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40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department of Revenue,
and it shall have the power and authority, in addition to the authority now in it vested by
law: (1) To have and exercise general and complete supervision and control of the valuation,
equalization, and assessment of property, privilege, or franchise and of the collection of
all property, privilege, license, excise, intangible, franchise, or other taxes for the state
and counties, and of the enforcement of the tax laws of the state, and of the several county
tax assessors and county tax collectors, probate judges, and each and every state and county
official, board, or commission charged with any duty in the enforcement of tax laws, to the
end that all taxable property in the state shall be assessed and taxes shall be imposed and
collected thereon in compliance with the law and that all assessments on property, privileges,
intangibles, and franchises in the state shall be made in exact...
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11-48-64
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.)...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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11-48-83
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...
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45-37-140.13
Section 45-37-140.13 Annexation; referendum; hearing; reestablishment of boundaries. (a) Whenever
any municipal corporation in Jefferson County annexes any portion of a district and a petition
is filed with the clerk of the municipality requesting annexation of the remaining portion
of the district, the petition containing the following: (1) signatures of 20 percent of the
qualified electors residing within the district or signatures of 200 qualified electors, whichever
is less, and (2) a written statement signed by at least two members of the board of trustees
of the district reciting that those signing the petition constitute either 10 percent of the
qualified electors residing within the district or 100 qualified electors residing within
the district, whichever is applicable, and (3) a description of the district; then the governing
body of such municipal corporation shall provide for and finance the cost of a referendum
election wherein the remaining qualified voter residents of...
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