HB458 Alabama 2010 Session

Summary

Primary Sponsor

Jamie Ison

Republican

Session

Regular Session 2010

Title

Class 2 municipalities (Mobile), tax sale properties acquired from State Land Commissioner, procedure to quiet title in lieu of procedures in Title 40, Chapter 10, Code of Alabama 1975

Summary

HB458 lets Class 2 municipalities (like Mobile) pursue an expedited quiet title and foreclosure to clear title on abandoned tax sale properties they acquired from the State Land Commissioner, with a specialized notice and due-process framework.

What This Bill Does

It authorizes a Class 2 municipality to file a single petition in circuit court to quiet title and foreclose on one or more parcels within the municipality, vesting fee simple title in the municipality and extinguishing most liens and interests. The act sets up a process to identify and notify interested parties, provides for a 90-day court hearing (with possible extensions), and establishes notice and publication requirements. If there is redemption, the proper procedures apply; if not, the court can grant title to the municipality and extinguish competing claims, with a pathway to appeal and record the judgment.

Who It Affects

• Class 2 municipalities within Alabama (e.g., Mobile) would gain an exclusive process to clear title on parcels purchased from the State Land Commissioner and located within their limits.
• Owners, heirs, mortgagees, purchasers, lienholders, and other parties with interests in the affected properties would be identified, notified, and may have rights to redeem or contest, but could lose interests if the municipality obtains title through the expedited process.

Key Provisions

• Class 2 municipalities may initiate an expedited quiet title and foreclosure action for parcels within their limits that were purchased from the State Land Commissioner, and this process overrides existing related statutes.
• Municipalities must record a notice of intent in the county probate office and define 'interested parties' to include owners, heirs, mortgagees, purchasers, lienholders, and others with an interest in the property.
• A single petition may be filed for one or more parcels, identifying each parcel by tax parcel number and street address, and must be served on all identified interested parties.
• A hearing must be set within 90 days (extendable for good cause) from the petition, with notice provided to interested parties by certified and regular mail and upon property posting.
• Notice must include the fact that the property is subject to expedited actions, potential extinguishment of interests, and contact information for the municipality; posting must include a specific notice on the property.
• If parties cannot be identified, notice may be published once a week for three consecutive weeks in a county newspaper, with substitution if no local newspaper exists; newly discovered parties must be notified and hearings postponed accordingly.
• Interested parties may file objections; redemption rights exist under Chapter 10, Title 40, if applicable; the court must issue a judgment within 10 days after the hearing if no redemption or appearance occurs.
• Judgment details must specify the property description, vest title in the municipality, extinguish liens and most interests, preserve certain exceptions (easements, deed restrictions, etc.), and establish a rebuttable notice presumption if notice procedures were followed.
• Appeals to the Court of Civil Appeals are allowed within 42 days; a bond may be required for the parcel under appeal; stays apply only to the identified parcel.
• The court's order, and final judgments, must be recorded in the probate court; the act repeals conflicting laws and takes effect immediately after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Municipalities