SB235 Alabama 2015 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Del Marsh
Republican
Session: Regular 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: SB235 lets Class 5 municipalities use a fast-track court process to clear title and foreclose on abandoned tax sale properties they acquired from the State Land Commissioner.
What This Bill Does
It creates an exclusive expedited quiet title and foreclosure process in circuit court for eligible properties. The process includes notice to interested parties, a court hearing within 90 days, and the possibility to extinguish most liens and other interests so the municipality can gain full ownership, with redemption options only as allowed by the related state law. Parties can appeal the court’s judgment to the Court of Civil Appeals, with bond requirements, and the law supersedes certain existing statutes for these properties.

Who It Affects
Class 5 municipalities, which gain a dedicated expedited process to obtain clear title to designated tax sale properties they've acquired from the State Land Commissioner.
Owners, heirs, mortgagees, purchasers, lienholders, and other interested parties named in Section 2, who must be identified, served with notice, and may redeem or contest the action.

Key Provisions
Section 1: Applies only in Class 5 municipalities and provides an exclusive expedited quiet title and foreclosure path, with 40-10-82 not restricting or altering this process.
Section 2: Municipality may file an expedited quiet title and foreclosure action, must record a notice of intention, and identify interested parties (owners, heirs, mortgagees, purchasers, and others with an interest).
Section 3-4: Allows a single petition for multiple parcels; hearing set within 90 days; petitions must identify each parcel and be served on interested parties.
Section 5: Requires at least 30 days’ notice before hearing by certified and regular mail and visible posting on each property with specific language.
Section 6: If parties cannot be identified, the municipality may request notice by publication; discovery of names later can delay the hearing.
Section 7: Proof of notice is required; interested parties can file objections; unsuccessful petitions may be refiled.
Section 8: Redeemable rights remain if parties appear and redeem; otherwise, the court must issue a judgment within 10 days; judgment vests fee simple title in the municipality and extinguishes most liens and interests, with specific exceptions.
Section 9: Appeals to the Court of Civil Appeals within 42 days, with bond requirements for the parcel under appeal; stay is limited to the identified parcel.
Section 10: The court’s order is recorded in probate court after the appeal period or final judgment.
Section 11: Any laws conflicting with this act are repealed.
Section 12: The act becomes effective immediately after gubernatorial 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