10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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40-10-27
Section 40-10-27 Fees. For each notice to a delinquent property owner to show cause why a decree
of sale should not be rendered, the judge of probate is entitled to a fee of $5 and for each
decree of sale, $5; the tax collector shall have $5 for serving each notice which may be given
by certified or registered mail with return receipt demanded, but for his attendance at court,
he shall receive no pay; but in case of appeal, the sheriff and the clerk of the appellate
court shall be entitled to the same fees as for services in like cases. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §274; Acts 1980, No. 80-630, p. 1087, §7; Acts 1990, No. 90-535,
p. 837, §1.)...
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40-29-24
Section 40-29-24 Surrender of property subject to levy; "person" defined. (a) Requirement.
Except as otherwise provided in subsection (b), any person in possession of (or obligated
with respect to) property or rights to property subject to levy upon which a levy has been
made shall, upon demand of the Commissioner of Revenue or his delegate, surrender such property
or rights (or discharge such obligation) to the Commissioner of Revenue or his delegate, except
such part of the property or rights as is, at the time of such demand, subject to an attachment
or execution under any judicial process. (b) Enforcement of levy. (1) EXTENT OF PERSONAL LIABILITY.
Any person who fails or refuses to surrender any property or rights to property, subject to
levy, upon demand by the Commissioner of Revenue, shall be liable in his own person and estate
to the State of Alabama in a sum equal to the value of the property or rights not so surrendered,
but not exceeding the amount of taxes for the...
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26-2-47
Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property
within state - Authorization. The court of probate of a county in which an incapacitated person
residing without the state may have property, real or personal, requiring the care of a conservator,
may appoint a conservator for the property of such person which may be within this state if
such person has been declared an incapacitated person by a court having jurisdiction in the
state of his or her residence. (Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code
1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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40-5-19
Section 40-5-19 Sale of real property if personalty insufficient. When no personal property
can be found out of which the taxes of any delinquent taxpayer can be collected, or an amount
insufficient to fully satisfy such taxes, the real estate of such taxpayer or the real estate
upon which such taxes are a lien shall be sold for the payment thereof, or of the balance
due thereon, in the manner hereinafter prescribed. But the failure of the tax collector to
so exhaust such personal property shall not invalidate the sale of any real estate. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §208.)...
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40-7-7
Section 40-7-7 When taxpayer may mail list or send by another person. When a taxpayer resides
out of the county, or by reason of any infirmity or disability is unable to attend any of
the appointments of the assessor, or is a woman, such taxpayer may send in his or her list,
duly sworn to by any other person or by mail, postage prepaid, or such list may be rendered
by an agent having knowledge of his or her taxable property. The land and the improvements
thereon must be separately listed. Any person who knowingly subscribes to a list of property
which is false is guilty of a misdemeanor and shall upon conviction be subject to a fine of
not more than $500 and may also be imprisoned in the county jail or sentenced to hard labor
for not more than six months. Any person who owns personal property may make a return of such
property to the tax assessor by mail or by an authorized agent having knowledge of such taxable
property. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §42; Acts 1951,...
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45-38-71.01
Section 45-38-71.01 Sale or disposal of county property. (a) This section shall only apply
in Lamar County. (b)(1) All contracts for the sale or disposal of real property, tangible
personal property, equipment, or other items owned by or under the control of the county commission
shall be let by free and open competitive sealed bids. The chair of the county commission
shall certify to the description and condition of the property, shall give jurisdiction in
writing for the disposal of the property, shall estimate the value of the property, and shall
keep the certification as a part of the permanent record of the commission. Tangible personal
property, equipment, or other items owned by or under the control of the county commission
which have trade-in value may be offered as a credit against the cost of property purchased
in accordance with the Alabama Competitive Bid Law. (2) Every proposal to make a sale covered
by this section shall be publicly advertised for four consecutive weeks...
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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...
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40-10-182
Section 40-10-182 Tax liens subject to public auction or sale; notice. (a) All tax liens representing
unpaid and delinquent taxes on real property shall be subject to a tax lien auction or a tax
lien sale. (b)(1) The tax collecting official of any county shall conduct a public auction
for the sale and transfer of delinquent tax liens. The tax collecting official shall notify
the delinquent taxpayer of the auction at least 30 days prior to the tax lien auction by first
class mail and by any one of the following: a. Advertising for once a week for three consecutive
weeks in a newspaper with general circulation in the county where the property is located.
b. Advertising on an online website controlled by the tax collecting official and accessible
from the tax collecting official's website. c. Posting at the courthouse of the county and
if possible in a public place in the precinct where the property is located. (2) The notices
shall declare the time and location of the auction. (c) The...
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40-29-28
Section 40-29-28 Redemption of property. (a) Before sale. Any person whose property has been
levied upon hereunder or subject to execution under Section 40-2-11 shall have the right to
pay the amount due, together with the expenses of the proceeding, if any, to the commissioner
or his delegate at any time prior to the sale thereof, and upon such payment the commissioner
or his delegate shall restore such property to him, and all further proceedings in connection
with the levy on such property shall cease from the time of such payment. (b) Redemption of
real estate after sale. (1) PERIOD. The owners of any real property sold as provided in Section
40-29-26, their heirs, executors, or administrators, or any person having any interest therein,
or a lien thereon, or any person in their behalf, shall be permitted to redeem the property
sold, or any particular tract of such property, at any time within one year after the sale
thereof. Real property purchased by the state at said sale may be...
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