35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall be brought
in any court to enforce any lien upon, right to or interest in, or to recover any land, or
where an application has been made to the probate judge of any county for an order of condemnation
of land, or any interest therein, the person, corporation, or governmental body commencing
such action or proceeding or making such application shall file with the judge of probate
of each county where the land or any part thereof is situated a notice containing the names
of all of the parties to the action or proceeding, or the persons named as those having an
interest in the land in the application for an order of condemnation, a description of the
real estate and a brief statement of the nature of the lien, writ, application, or action
sought to be enforced. The judge of probate shall immediately file and record the notice in
the lis pendens record and note on it and in the record the hour and date...
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40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
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45-12-241.01
Section 45-12-241.01 Privilege license tax for mandatory solid waste disposal program. (a)
This section shall only apply to Choctaw County. (b) As used in this section, state sales
and use tax means the tax imposed by the state sales and use tax statutes, including, but
not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4, 40-23-60, 40-23-61, 40-23-62,
and 40-23-63 of the Code of Alabama 1975. (c) The County Commission of Choctaw County may
levy, in addition to all other taxes, a privilege license tax against gross sales in an amount
up to two cents which shall be exclusively for the operational fund of the county mandatory
solid waste disposal program. The gross proceeds of all sales which are presently exempt under
the state sales and use tax statutes are exempt from the tax authorized by this section. (d)
The tax levied by this section shall be collected by the State Department of Revenue, or such
other entity as determined by the county commission, at the same time and in...
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45-32-244.07
Section 45-32-244.07 Delinquency in payment of tax. If any distributor, storer, or retail dealer
in gasoline or motor fuel shall fail to make monthly reports or shall fail to pay the tax
imposed under this part, the tax shall be deemed delinquent within the meaning of this part
and there shall be added to the amount of his or her tax a penalty of 25 percent; provided,
if in the opinion of the county commission a good and sufficient cause or reason is shown
for such delinquency, the penalty may be excused. The county commission shall be authorized
and empowered to make returns for delinquent taxpayers upon such information as it may reasonably
obtain and add to that the penalty as prescribed by this part. If any person shall be delinquent
in the payment of any tax imposed pursuant to this part, the county commission shall issue
execution for the collection of same, directed to the county sheriff, who shall proceed to
collect the same in the manner now provided by law for the collection...
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6-6-294
Section 6-6-294 Retention of possession for one year by defendant if crop planted or growing
upon filing bond; force and effect of bond. (a) If the defendant has a crop planted or growing
on the premises and the court or jury finds for the plaintiff, they must also ascertain the
rental value of the premises during the current year, and no writ of possession can be issued
until the expiration of the year if the defendant executes a bond in double the amount of
such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay
the rent so assessed at the expiration of the year. (b) The bond must be filed in the office
of the clerk and, if the rent is not paid at the expiration of the year, has the force and
effect of a judgment; and thereon, execution for the amount of the rent must issue against
all the obligors or such of them as may be living. (Code 1852, §§2199, 2200; Code 1867,
§§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896,...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
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11-51-19
Section 11-51-19 Sales of property for payment of taxes, etc., generally - Title acquired by
purchaser. The purchaser of property, real or personal, sold under an execution issued by
the city or town clerk shall receive a title clear of all encumbrance, except of liens held
by the state and county; provided, that the property sold is the property against which the
taxes for the payment of which the sale is had were levied. (Code 1907, §1315; Acts 1923,
No. 205, p. 217; Code 1923, §2130; Code 1940, T. 37, §676.)...
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35-11-291
Section 35-11-291 Enforcement of lien. (a) When the processor retains possession of the commodity
subject to the lien, and the charges or tolls due are not paid within 10 days after demand
therefor, he is authorized, on giving notice for 10 days of the time and place of the sale
by advertisement in some newspaper published in the county in which the commodity was processed
once a week for two successive weeks, or if there is no such paper, by posting the notice
in three public places in the county, to sell the commodity to the highest bidder, for the
payment of the expenses of such sale and the charges or tolls for processing; and the residue,
if there be any, shall be paid to the owner. (b) If the commodity subject to the lien declared
in this division has been removed without the knowledge and consent of the processor and without
the charge or toll for processing having been paid, the processor may obtain a writ of attachment
leviable on the processed commodity. (c) All property upon...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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45-17-90.47
Section 45-17-90.47 Penalty for delinquency. If any distributor, storer, or retail dealer in
gasoline or motor fuel shall fail to make monthly reports or shall fail to pay the tax imposed
under authority of this subpart, the tax shall be deemed delinquent within the meaning of
this subpart and there shall be added to the amount of the tax a penalty of 25 percent, provided,
if in the opinion of the County Commission of Colbert County a good and sufficient cause or
reason is shown for such delinquency, the penalty may be rescinded. The Colbert County Commission
shall be authorized and empowered to make returns for delinquent taxpayers upon such information
as it may reasonably obtain and add to that the penalty as prescribed by this subpart. If
any person shall be delinquent in the payment of any tax imposed pursuant to the provisions
of this subpart, the County Commission of Colbert County shall issue execution for the collection
of the same, directed to the Colbert County Sheriff, who...
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