§ 11-48-1 Short title
§ 11-48-2 Definitions
§ 11-48-3 Applicability of provisions of article
§ 11-48-4 General powers of municipalities as to public improvements
§ 11-48-5 Adoption of ordinance or resolution describing proposed improvement, ordering preparation of plans, specifications, etc., thereof, etc
§ 11-48-6 Filing of plans, specifications, etc., of improvements in office of engineer for public inspection; establishment of date for hearing of objections as to improvements
§ 11-48-7 Publication of ordinance or resolution; notice to certain property owners of ordinance or resolution
§ 11-48-8 Hearing upon objections as to proposed improvement; amendment, modification, rescission, etc., of ordinance or resolution; actions ratified and confirmed where prior to ordinance, resolution or hearing
§ 11-48-9 Costs of proposed improvements specified; payment of portion thereof by council
§ 11-48-10 When council to establish grade of street, alley, sidewalk, etc., to be improved
§ 11-48-11 Notice, advertisement and letting of contract for improvements
§ 11-48-12 City or town engineer, etc., to supervise work, appointment of engineer, etc
§ 11-48-13 Council to accept or reject work, etc., for municipality
§ 11-48-14 Assessment of costs of improvements against property abutting or benefited by improvements authorized generally
§ 11-48-15 Assessment against lands purchased by state at sale for nonpayment of taxes of costs of street improvements and sewers authorized; effect of redemption or sale of said lands
§ 11-48-16 Manner of assessment of costs of improvements generally – Sewers, swamp drainage, seawalls, levees, etc
§ 11-48-16.1 Assessment of charge against landowner seeking to connect to sewer
§ 11-48-17 Manner of assessment of costs of improvements generally – Improvements of intersections of streets, alleys, etc
§ 11-48-18 Manner of assessment of costs of improvements generally – Sidewalk improvements
§ 11-48-19 Assessment of costs of improvements against railroads
§ 11-48-20 Preparation, etc., of list of property owners to be assessed for improvement
§ 11-48-21 Entry of list in assessment book for local improvements
§ 11-48-22 Delivery of assessment book to city or town clerk; publication of notice as to delivery and inspection of book, etc
§ 11-48-23 Notice of hearing upon objections, etc., to assessments
§ 11-48-24 Contents of notice as to assessments for improvements
§ 11-48-25 Effect and correction of defects or errors in notice
§ 11-48-26 Filing of written objections, etc., to assessments by property owners
§ 11-48-27 Hearing upon objections to assessments – Conduct generally
§ 11-48-28 Hearing upon objections to assessments – Powers of council as to subpoena of witnesses, etc
§ 11-48-29 Fixing of amount of assessments by council and effect thereof; reduction, abatement, etc., of assessments generally
§ 11-48-30 Reduction or abatement of assessments on property owned by government or charitable organizations in municipalities having population of 20,000 or less – Authority generally; reconveyance of property acquired through foreclosure of assessment
§ 11-48-31 Reduction or abatement of assessments on property owned by government or charitable organizations in municipalities having population of 20,000 or less – Erroneous assessments; assessments in excess of benefits derived, etc
§ 11-48-32 Assignment and transfer of assessment liens
§ 11-48-33 Enforcement of assessment liens in circuit court
§ 11-48-34 Effect of enforcement of tax liens upon property upon assessment liens; duration of assessment liens
§ 11-48-35 Effect of sale of property for enforcement of assessment lien upon other assessment liens upon same property
§ 11-48-36 Appeals to circuit court from assessments – Authorized
§ 11-48-37 Appeals to circuit court from assessments – Bond
§ 11-48-38 Appeals to circuit court from assessments – Entry on trial docket
§ 11-48-39 Appeals to circuit court from assessments – Transcript for appeal – Contents
§ 11-48-40 Appeals to circuit court from assessments – Authorized – Prima facie evidence
§ 11-48-41 Appeals to circuit court from assessments – Conduct generally; right of jury trial; entry of judgment and assessment of costs generally
§ 11-48-42 Appeals to circuit court from assessments – Entry of judgment for amounts properly chargeable against lands where assessment defective
§ 11-48-43 Appeals from judgment of circuit court – By property owner – Authorized; bonds
§ 11-48-44 Appeals from judgment of circuit court – By property owner – Conduct generally
§ 11-48-45 Appeals from judgment of circuit court – By property owner – Addition of interest and damages upon affirmance of judgment for municipality
§ 11-48-46 Appeals from judgment of circuit court – By municipality – Authorized; bond not required
§ 11-48-47 Appeals from judgment of circuit court – By municipality – Issuance of execution and order of sale upon entry of final judgment in favor of municipality
§ 11-48-48 Payment of assessments generally
§ 11-48-48.1 Payment of assessments in Class 2 municipalities
§ 11-48-49 Proceedings for sale of land upon failure of owner to pay assessment, installment, or interest – Notice
§ 11-48-50 Proceedings for sale of land upon failure of owner to pay assessment, installment or interest – Payment of assessment prior to sale
§ 11-48-51 Proceedings for sale of land upon failure of owner to pay assessment, installment or interest – Costs of notice and sale charged against land, etc
§ 11-48-52 Proceedings for sale of land upon failure of owner to pay assessment, installment or interest – Execution, etc., of deed to purchaser at sale; disposition of surplus from sale; purchase of property by municipality
§ 11-48-53 Proceedings for sale of land upon failure of owner to pay assessment, installment, or interest – Effect of error or defect in notice or sale
§ 11-48-54 Redemption of property after sale generally
§ 11-48-55 Extension of redemption period
§ 11-48-56 Application for entry of certificate of warning to redeem upon record of local improvement assessment sale deed; contents of certificate
§ 11-48-57 Mailing of copies of deed and certificate to persons last assessed upon property described in deed by probate judge; entry of certificate on record of deed, etc
§ 11-48-58 Redemption of property during extended redemption period
§ 11-48-59 Performance of duties of probate judge; liability of probate judge for errors in performance of duties
§ 11-48-60 Applicability of provisions of Sections 11-48-54 through 11-48-58
§ 11-48-61 Making of temporary loans or issuance of bonds during progress of work to pay for cost of improvement
§ 11-48-62 Issuance of bonds after completion of work
§ 11-48-63 Applicability of provisions of law as to issuance of municipal bonds generally
§ 11-48-64 Acquisition of lands, easements, etc., for public improvements
§ 11-48-65 Article not to affect power of municipality to compel property owners to repair sidewalks, etc
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Terms Used In Alabama Code > Title 11 > Subtitle 2 > Chapter 48 > Article 1 - General Provisions

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: means next after. See Alabama Code 1-1-1
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law clerk: Assist judges with research and drafting of opinions.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Minority leader: See Floor Leaders
  • month: means a calendar month. See Alabama Code 1-1-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • offer to sell: includes every attempt to offer or dispose of, or solicitation of an offer to buy, a security or interest in a security for value. See Alabama Code 8-6-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • preceding: means next before. See Alabama Code 1-1-1
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • sell: includes every contract of sale of, contract to sell, or disposition of a security or interest in a security for value. See Alabama Code 8-6-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1