SB317 Alabama 2017 Session

Updated Feb 24, 2026

Summary

Primary Sponsor: Del Marsh
Republican
Session: Regular Session 2017
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: SB317 lets Class 5 municipalities use a streamlined court process to gain clear title to abandoned tax sale properties bought from the State Land Commissioner, bypassing some older procedures.
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 ownership of abandoned tax sale properties purchased from the State Land Commissioner. It sets notice and due process requirements, including identifying interested parties, notifying them by mail and posting, and scheduling a hearing within 90 days. If the court grants the action, the municipality would receive full ownership and extinguish most liens and interests, while redeeming rights may still apply for those who act; the act also provides an appeal path to the Court of Civil Appeals and states the procedure is exclusive to Class 5 municipalities and supersedes certain existing laws. The act becomes effective immediately upon passage and approval and repeals conflicting laws.

Who It Affects
Class 5 municipalities, which would use the expedited quiet title and foreclosure process to obtain ownership of abandoned tax sale properties within their boundaries.
Owners, heirs, mortgagees, lienholders, and other parties with an interest in the properties, who must be identified, notified, and may redeem or challenge the action, potentially losing their interests if the municipality is granted title.

Key Provisions
Section 1: Applies only to Class 5 municipalities and creates an exclusive expedited quiet title and foreclosure procedure for tax sale properties purchased from the State Land Commissioner; Section 40-10-82 does not apply to these actions and does not extend redemption periods.
Section 2: A Class 5 municipality may initiate the expedited action for parcels within its limits; must record a notice of intent in probate court and define 'interested parties' with a good faith effort to identify them.
Section 2(a): The municipality must identify interested parties using specified steps, including signs on the property, reviewing recorded deeds and tax records, and checking voter lists and probate records; for businesses, it must search the Secretary of State for a registered agent.
Section 3: A single petition can cover multiple parcels; each parcel must be described and served to all identified interested parties.
Section 4: The hearing must be scheduled within 90 days, with possible extension for good cause.
Section 5: At least 30 days before the hearing, parties must be notified by certified and regular mail and the property posted with notice of the hearing and potential extinguishment of interests.
Section 6: If parties cannot be identified, notice by publication is allowed; publication substitutes for notice and is followed by notifying any newly discovered party and possibly delaying the hearing.
Section 7: The municipality must prove notice before the hearing; interested parties may file objections; if the petition is denied, another petition may be filed for the same parcel.
Section 8: If a party redeems, they may do so under Chapter 10; if not, the court will grant judgment vesting title in the municipality and extinguishing liens and other interests, with certain exceptions.
Section 9: Appeals to the Court of Civil Appeals must be filed within 42 days; the appealing party must post a bond related to redemption; appeal stays only for the identified parcels.
Section 10: The court’s order must be recorded in the probate court after the appeal period or final judgment.
Section 11: Any conflicting laws are repealed.
Section 12: The act becomes effective 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