SB178 Alabama 2013 Session

Summary

Primary Sponsor

J.T. WaggonerSenator

Republican

Session

Regular Session 2013

Title

Improvement districts, additional powers, notice of hearing not required if held during regular meeting, assessment fees on lands included, nonpayment of fees, remedies, bonds, Alabama Improvement District Act amended, Sec. 11-99A-52 added; Secs. 11-99A-9, 11-99A-11, 11-99A-13, 11-99A-17, 11-99A-21, 11-99A-30, 11-99A-42, 11-99A-43 am'd

Summary

SB178 updates the Alabama Improvement District Act by changing board structure and terms, clarifying land assessments, and expanding financing options, with both prospective and retroactive effects.

What This Bill Does

SB178 updates how improvement districts are formed and run. It changes board size and term rules, and requires board members to be appointed for staggered terms. It clarifies how property within a district is assessed for improvements and lets districts reassess and amend assessments, including the possibility of issuing bonds or temporary financing. It also adds a provision validating past districts and covers retroactive and prospective operation.

Who It Affects

• Landowners within improvement districts who would be subject to assessments and potential foreclosures for nonpayment.
• Districts themselves and the appointing governments (counties or municipalities) who oversee boards, approve assessments, and manage bond financing and retroactive application.

Key Provisions

• Sets board size (3 to 11 members) and staggered terms, with appointment by the appointing government and specified initial term lengths.
• Allows districts to assess land for improvements based on benefits, requiring either owner consent or approval by a majority of landowners and residents, and requires approvals from the appointing government and other agencies as needed.
• Defines a foreclosure process for nonpayment, including notice, a 10-day payment window with a late fee, and options to foreclose or sell the property to recover the assessment and related costs.
• Allows issuance of bonds and temporary financing, with bond proceeds pledged to debt service and potential loans secured by district revenues and property.
• Authorizes reassessment and amendments when court actions set aside an assessment, when an assessment is deemed excessive or invalid, or to correct errors or comply with approved formulas.
• Permits reassessment formulas based on front feet, square footage, acreage, or estimated value increase, per a formula approved by the appointing government.
• Adds Section 11-99A-52 to validate past districts formed under the Act, with retroactive and prospective effect, and clarifies treatment after deannexation for districts within municipality boundaries.

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

Subjects

Improvement Districts