HB53 Alabama 2015 1st Special Session

Summary

Primary Sponsor

Barbara Bigsby BoydRepresentative

Democrat

Session

First Special Session 2015

Title

Class 5 municipalities, tax sale properties acquired from State Land Commissioner, expedited procedure to quiet title in lieu of procedures in Title 40, Chapter 10, Code of Alabama 1975

Summary

HB53 authorizes Class 5 municipalities to use an expedited quiet title and foreclosure process to establish clear title to abandoned tax-sale properties acquired from the State Land Commissioner, with defined notice, hearing, and appeal procedures.

What This Bill Does

The bill lets a Class 5 municipality file a single expedited petition in circuit court to quiet title and foreclose on tax sale properties within its limits that it bought from the State Land Commissioner. It sets notice and due‑process requirements, including identifying interested parties, posting notices, and holding a hearing within 90 days (extendable for good cause), and allows publication notices if parties can’t be identified. If no one redeems or appears, the court must issue a judgment that vests fee simple title in the municipality, extinguishes most liens and other interests (with specific exceptions), and allows an appeal within 42 days with a bond requirement for the appeal.

Who It Affects

• Class 5 municipalities (cities) that would carry out the expedited quiet title actions for properties acquired from the State Land Commissioner.
• Owners, heirs or personal representatives, mortgagees, purchasers, lienholders, and other parties with an interest in the affected properties (including business entities with an interest), who may be identified, receive notice, and potentially redeem or contest the action.

Key Provisions

• Establishes an exclusive expedited quiet title and foreclosure procedure for Class 5 municipalities, and says Section 40-10-82 does not apply to these actions.
• Allows the municipality to file a single petition to quiet title and foreclose on one or more parcels, with notices to interested parties and service requirements.
• Requires notices 30 days before hearing by certified and regular mail, posting on the property, and specific information about the hearing and potential loss of ownership or liens; includes a process for publication if parties cannot be identified.
• Sets a hearing within 90 days (extendable for good cause) and allows interested parties to contest; if denied, the municipality may file another petition.
• Judgment details: if redeeming does not occur, the court vests fee simple title in the municipality, extinguishes liens and most interests, and creates a rebuttable notice-presumption if procedures were followed; appeals allowed with bonds and limited stay.
• Requires recording of the court order in probate court after the appeal period or final judgment; act repeals conflicting laws and becomes effective immediately upon governor's approval.
• Redemption remains subject to Chapter 10, Title 40; interested parties must pay taxes, interest, penalties, and fees due when redeeming.

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