Alabama § 11-40-66 - Judicial Hearing.
Full text of Alabama Code of Alabama § 11-40-66 — Judicial Hearing., with citation guidance and answers to common questions.
§ 11-40-66. Judicial Hearing.
(a) The Class 2 municipality shall request that a judicial hearing on the petition occur not earlier than 30 days nor more than 90 days following the filing of the petition. At the judicial hearing, any interested party shall have the right to be heard and to contest the delinquency of the municipal code lien, the adequacy of the proceedings, the classification of the property as owner occupied, and the amount of the tax payoff. If the court determines that the information set forth in the petition is accurate, the court shall render its judgment and order that:
(1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition are delinquent.
(3) Proper notice has been given to all interested parties.
(4) The property is not owner occupied.
(5) The property as described in the petition be sold in accordance with the provisions of this article.
(6) The sale shall become final and binding immediately after the sale is conducted in accordance with Section 11-40-68.
(b) The order of the court shall provide that the property be sold free and clear of all liens, claims, and encumbrances other than:
(1) Rights of redemption provided under federal law.
(2) Taxes assessed against real property that are due but not yet delinquent as of the date of the court’s order.
(3) An easement which burdens the real property, a real covenant which burdens the real property, and any utility easement which benefits the real property as of the date of the filing of the municipal code lien on which the Class 2 municipality is seeking to foreclose under this article.
(c) If at any point in the proceedings the court determines that the property is owner occupied, then the Class 2 municipality shall seek immediate dismissal of the proceedings.
Frequently Asked Questions About Alabama § 11-40-66
What does Code of Alabama § 11-40-66 cover?
Section 11-40-66 ("Judicial Hearing.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 11-40-66?
A common citation format is "Code of Alabama § 11-40-66" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 11-40-66 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.