HB352 Alabama 2012 Session

Summary

Primary Sponsor

Joe Hubbard

Democrat

Session

Regular Session 2012

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

HB352 creates an exclusive, expedited process for Class 3 municipalities to quiet title and foreclose abandoned tax sale properties acquired from the State Land Commissioner, establishing title in the municipality.

What This Bill Does

It authorizes Class 3 municipalities to file an expedited quiet title and foreclosure action in circuit court for abandoned tax sale properties within their limits that were purchased from the State Land Commissioner. It sets specific notice and due-process requirements to identify interested parties, requires a hearing within 90 days (with possible extensions for good cause), and allows a single petition for multiple parcels. If a party redeems, they must pay tax-related charges; if not redeemed or if no one appears, the court can grant title to the municipality, extinguishing most liens and interests, with a possible appeal process defined.

Who It Affects

• Class 3 municipalities (cities) within Alabama: gain an exclusive, expedited path to obtain clear title to abandoned tax sale properties within their corporate limits that were acquired from the State Land Commissioner.
• Owners, heirs, mortgagees, lienholders, and other interested parties of the affected properties: must be identified and notified; they may contest or redeem the property under specified rules, and their interests can be extinguished if the municipality prevails.

Key Provisions

• Section 1: Establishes an exclusive expedited quiet title/foreclosure process for Class 3 municipalities; otherwise applicable law does not apply to these actions (e.g., 40-10-82 provisions) and does not extend redemption periods.
• Section 2: Allows a Class 3 municipality to initiate the action, record a notice of intention in probate court, and defines 'interested parties' and the municipality's duty to identify them in good faith.
• Section 3: Enables a single circuit court petition to cover multiple parcels, with service on all identified interested parties.
• Section 4: Requires a hearing within 90 days of filing the petition, with possible extension for good cause.
• Section 5: Requires at least 30 days of notice to interested parties by mail and posting on each property, including detailed content about the action and potential title vesting in the municipality.
• Section 6: If parties cannot be identified, allows notice by publication in a newspaper; later discovered parties must be notified and may affect hearing timing.
• Section 7: Requires proof of notice before the hearing; interested parties may file objections; no injunction can stay the expedited action.
• Section 8: Redeemption rights remain for interested parties who appear; if not redeemed or no appearance, the court may vest fee simple title in the municipality, extinguish liens and most other interests, and provide notice-based presumptions.
• Section 9: Allows appeals to the Court of Civil Appeals within 42 days; requires a bond for redeeming the parcel and limits the stay to identified parcels.
• Section 10: Requires recording of the court order in probate court after the appeal period or final judgment.
• Section 11: Repeals conflicting laws.
• Section 12: Takes effect immediately upon passage and approval.

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