HB311 Alabama 2011 Session

Summary

Primary Sponsor

Mac McCutcheon

Republican

Co-Sponsor

Joe Hubbard

Session

Regular Session 2011

Title

Class 3 municipalities, 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

HB311 would let Class 3 municipalities use an expedited process to quiet title and foreclose on certain tax sale properties they acquired from the State Land Commissioner, establishing clear title for the municipality.

What This Bill Does

It authorizes Class 3 municipalities to file an expedited quiet title and foreclosure action in circuit court for parcels within their limits that were purchased from the State Land Commissioner. The bill sets out a detailed process including identifying interested parties, providing notice, and holding a hearing within 90 days (with possible extensions). If no one redeems, the court can vest fee simple title in the municipality and extinguish most liens and interests, with limited exceptions; the judgment is subject to appeal and is recorded in probate court after the process. Redeem rights remain available under Chapter 10 of Title 40, and due process protections are built into notice requirements.

Who It Affects

• Group 1: Class 3 municipalities – may initiate and complete an expedited quiet title and foreclosure to obtain clear title to abandoned tax sale properties within their corporate limits that were acquired from the State Land Commissioner.
• Group 2: Interested parties (owners, heirs, mortgagees, purchasers, lienholders, and others with an interest in the property) – must be identified, notified, and may contest or redeem; their rights and liens can be extinguished if the court grants title to the municipality, subject to specified exceptions.

Key Provisions

• Applies only to Class 3 municipalities and provides an exclusive expedited quiet title and foreclosure procedure for properties acquired from the State Land Commissioner under Chapter 10, Title 40, with certain limitations on other laws.
• Municipality may file a single petition for multiple parcels, identifying each by legal description, tax parcel number, and street address, and serve all identified interested parties.
• Good faith effort to identify interested parties is required, including posting a notice on the property, examining deed records, tax records, voter lists, probate records, and Secretary of State records for a registered agent (with specifics for individuals and business entities).
• Notice and hearing: at least 30 days before the hearing, notice must be sent by certified and regular mail and posted on the property, with detailed information about the hearing and potential extinguishment of interests; if parties cannot be located, notice by publication is allowed.
• Hearing timelines: the court must schedule a hearing within 90 days (extendable for good cause); interested parties may file objections; no injunction can stay the expedited action.
• Judgment: if no one redeems, the court will enter a judgment vesting fee simple title in the municipality, extinguishing all liens and most interests, with specified exceptions (easements, certain restrictions, and environmental laws); a rebuttable presumption of notice if procedures were followed.
• Appeals: parties may appeal to the Court of Civil Appeals within 42 days, requiring a bond to redeem the property for the parcel under appeal; the stay applies only to the identified parcel.
• Recording: the municipality must record the court’s order in the probate court after the appeal period or after final judgment on appeal.
• Constitutional/Legal notes: all conflicting laws are repealed to the extent of conflict; the act becomes effective immediately upon passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Municipalities