§ 11-42-69 — Trial and Entry of Judgment by Circuit Court; Appeals from Judgment of Circuit Court; Endorsement on Map by Probate Judge Where No Appeal from Judgment of Probate Court

Alabama § 11-42-69

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 42: Alteration of Corporate Limits
• Art. 3: Annexation of Territory by Cities of 25,000 Inhabitants or More

Text

(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist subjecting the land and property having a situs thereon to taxation by the city, a judgment shall be entered adjudging that the land and property having a situs thereon be, and the same is, subject to taxation by the city and that the taxes thereon shall be paid to the city. If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging that the land and property having a situs thereon is not subject to taxation by the city, and the cost of appeal and of contest shall be adjudged against the losing party.
(b) Either the city or the property owner may appeal from the judgment of the circuit court to the supreme court within the time and in the same manner as is provided by the Alabama Rules of Appellate Procedure for an appeal from such court in an analogous action.
(c) In each contested action before the judge of probate where judgment is entered adjudging that the property is subject to city taxation and where there is no appeal from such judgment, the judge of probate, as soon as the time for an appeal has expired, shall make an endorsement on the record of said map across the property in contest as shown on said map, “Adjudged subject to city taxation.”

Legislative History

(Code 1907, §1102; Code 1923, §1796; Code 1940, T. 37, §165.)