SB313 Alabama 2016 Session

Updated Feb 24, 2026

Summary

Primary Sponsor: Del Marsh
Republican
Session: Regular Session 2016
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: Class 5 municipalities could use a streamlined court process to quiet title and foreclose abandoned tax sale properties they acquired from the State Land Commissioner, giving them clear title.
What This Bill Does
The bill authorizes Class 5 municipalities to file an expedited quiet title and foreclosure action in circuit court to establish clear title to abandoned tax sale properties they acquired from the State Land Commissioner. It sets specific notice and due process requirements, including identifying interested parties, notifying them, and allowing for a hearing within 90 days. If the court grants the petition, the municipality could obtain fee simple title and extinguish most other interests and liens, with limited rights of redemption remaining only as provided by law; it also provides for appeals and requires recording of the court's order. The act overrides certain existing laws for these cases and becomes effective immediately upon passage.

Who It Affects
Class 5 municipalities, which would gain an exclusive, expedited process to obtain clear title to certain abandoned tax sale properties
Property owners, heirs, mortgagees, lienholders, and other interested parties, who must be notified and may redeem or contest the action
State Land Commissioner properties and related records (properties acquired from the State Land Commissioner under Chapter 10, Title 40)
The circuit and probate courts and parties involved in notices, hearings, and recording of judgments

Key Provisions
Section 1: Applies only to Class 5 municipalities; creates an exclusive expedited quiet title and foreclosure process; Section 40-10-82 does not apply to these actions; does not extend redemption periods
Section 2: Municipality may initiate an expedited quiet title and foreclosure action for identified parcels; must record notice of intention in probate court and define 'interested parties' (owners, heirs, mortgagees, lienholders, and others with an interest)
Section 2: Municipality must make a good faith effort to identify interested parties through signs, deed and tax records, and other public records
Section 3: Municipality may file a single petition for multiple parcels; must identify each parcel and serve all identified interested parties
Section 4: Circuit court must set a hearing within 90 days (may be extended for good cause)
Section 5: At least 30 days before the hearing, notices must be sent by mail and a conspicuous posting on each property; notices include case details and potential loss of ownership
Section 5: Notices must include information about redemption, taxes due, and contact details for the municipality
Section 6: If interested parties cannot be identified, the municipality may seek notice by publication in a county newspaper; discovery of names later can postpone the hearing
Section 7: Proof of notice must be filed; interested parties may file objections; if petition is denied, the municipality may file again; no injunction to stay the action
Section 8: If an interested party redeems, redemption proceeds under Chapter 10; if not, the court must issue a judgment within 10 days; the judgment details vest title in the municipality and extinguish most liens and interests
Section 9: Parties may appeal the judgment to the Court of Civil Appeals within 42 days; bond and limited stay provisions apply for appeals
Section 10: The municipality records the court's order in probate court after the appeal period or final judgment
Section 11: Repeals all conflicting laws
Section 12: Enactment becomes effective immediately upon governor's approval or when it becomes law

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