11-51-14
Section 11-51-14 Entry of judgment by circuit court; sale of property for payment of taxes,
etc., generally. If no pleadings setting up a defense shall be filed by the owner of the property
within 30 days after publication has been perfected or within 30 days after service of the
notice by the sheriff, then without further proof a final judgment shall be entered by the
circuit judge adjudging such property liable for such taxes and directing the register or
clerk to sell such property for the payment of the taxes, charges, penalties, interest, and
costs that are charged thereon unless the amount due and the costs shall have been paid to
the register or clerk before the sale. Such sale shall be made as in other civil actions and
need not be confirmed by the court. The judge may consolidate actions against property assessed
to the same owner and may designate the property which shall be sold to pay to the taxes,
charges, interest, penalties and costs charged to all. If any defense is...
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11-42-69
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...
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11-51-12
Section 11-51-12 Filing of list in circuit court; entry of civil actions for assessments on
trial docket; issuance, execution, and return of summons notifying owners of institution of
proceedings against property generally. Such lists shall be filed with the register or clerk
of the circuit court. The register or clerk shall cause to be entered on the trial docket
in such court in a well-bound book kept for that purpose a civil action for each assessment
of property of the city or town against such property so assessed. Said docket shall show
the amount of the taxes sought to be collected, a description of the property and the name
of the owner, if known. Upon the filing of the certificate, the register or clerk is directed
to issue a summons, as in other civil actions, containing a description of the property and
notifying each owner of the filing of the proceedings against his property. Only one summons,
however, shall be necessary if two or more pieces of property are assessed to...
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18-1A-288
Section 18-1A-288 Appeal from final judgment of circuit court. After entry of final judgment
in the circuit court, any party may, within 42 days thereafter, upon giving bond or security
for costs as in other cases, file a notice of appeal to the court of civil appeals where the
amount involved, exclusive of interest and costs, does not exceed $10,000.00. Where the amount
involved, exclusive of interest and costs, exceeds $10,000.00, such appeal shall be to the
supreme court. (Acts 1985, No. 85-548, p. 802, §1619.)...
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18-1A-51
Section 18-1A-51 Court order permitting entry. (a) If reasonable efforts to accomplish a lawful
entry or to perform authorized activities upon real property under Section 18-1A-50 have been
obstructed or denied or would be futile, the condemnor may apply to the circuit court in the
county where the property or any part is located for an order permitting entry. (b) Unless
after notice good cause to the contrary is shown, the circuit court shall make its order permitting
and describing the purpose of the entry and setting forth the nature and scope of activities
the circuit court determines are reasonably necessary and authorized to be made upon the property.
In addition to requiring a deposit under Section 18-1A-52, the order may include terms and
conditions with respect to the time, place, and manner of entry and authorized activities
upon the property which will facilitate the purpose of the entry and minimize damage, hardship,
and burden. (Acts 1985, No. 85-548, p. 802, §302.)...
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11-48-37
Section 11-48-37 Appeals to circuit court from assessments - Bond. The amount of such appeal
bond shall be fixed and the sureties thereon shall be approved by the mayor or other chief
executive officer, and the said bond shall be conditioned to prosecute said appeal to effect
and pay the city or town any judgment that the circuit court may enter, and all damages that
any person may suffer by such appeal. (Code 1907, §1390; Code 1923, §2205; Acts 1927, No.
639, p. 753; Code 1940, T. 37, §546.)...
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18-1A-53
Section 18-1A-53 Modification of court order permitting entry. (a) After notice and hearing,
the circuit court may modify an order made under Section 18-1A-51. (b) If a bond is required
or the amount required is increased by an order of modification, the circuit court shall specify
the time within which the required bond must be posted, and may direct that any further entry
or specified activities or studies under the order as modified be stayed until any required
bond has been given. (Acts 1985, No. 85-548, p. 802, §304.)...
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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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11-88-68
Section 11-88-68 Appeal from assessments to circuit court - Establishment of amount of appeal
bond and approval of sureties thereon; conditions of bond. The amount of such bond shall be
fixed and the sureties thereon shall be approved by the chief executive officer of the board,
and the said bond shall be conditioned to prosecute the said appeal to effect and pay the
authority any judgment that the circuit court may enter and all damages that any person may
suffer by such appeal. (Acts 1973, No. 826, p. 1293, §29.)...
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18-1A-50
Section 18-1A-50 Entry upon property for suitability studies. (a) A condemnor and its agents
and employees may enter upon real property for a reasonable time and make surveys, examinations,
photographs, tests, soundings, borings, and samplings, or engage in other activities for the
purpose of appraising the property or determining whether it is suitable and within the power
of the condemnor to take for public use, if the entry is: (1) Preceded by reasonable efforts
to notify the owner, and any other person known to be in actual physical occupancy of the
property, of the time, purpose, and scope of the planned entry and activities; (2) Undertaken
during reasonable daylight hours and for reasonable times; (3) Accomplished peaceably and
without inflicting substantial injury; and (4) Not in violation of any other statute. (b)
The entry and activities authorized by this section do not constitute a trespass or constitute
grounds for an inverse condemnation action, but the condemnor is liable...
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