Alabama § 11-48-41 Appeals to Circuit Court from Assessments - Conduct Generally; Right of Jury Trial; Entry of Judgment and Assessment of Costs Generally

Alabama Statutes

§ 11-48-41 — Appeals to Circuit Court from Assessments - Conduct Generally; Right of Jury Trial; Entry of Judgment and Assessment of Costs Generally

Alabama § 11-48-41

Title 11Counties and Municipal Corporations

Ch. 48Public Improvements and Assessments Generally

Art. 1General Provisions

This text of Alabama § 11-48-41 (Appeals to Circuit Court from Assessments - Conduct Generally; Right of Jury Trial; Entry of Judgment and Assessment of Costs Generally) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 11-48-41 (2026).

Text

The civil action may be tried on the record without other pleadings, and the court shall hear all objections of the property owners to said assessment and the amount thereof and shall determine whether or not such assessment exceeds the increased value of such property by reason of the special benefits derived from the improvement, and shall enter judgment accordingly. Such civil action shall be tried by the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in which event the action shall be tried by a jury as in other civil actions. In the event the court or jury shall not sustain the assessment for the full amount, the costs of the appeal and trial in the circuit court shall be adjudged against the municipality.

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The civil action may be tried on the record without other pleadings, and the court shall hear all objections of the property owners to said assessment and the amount thereof and shall determine whether or not such assessment exceeds the increased value of such property by reason of the special benefits derived from the improvement, and shall enter judgment accordingly. Such civil action shall be tried by the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in which event the action shall be tried by a jury as in other civil actions. In the event the court or jury shall not sustain the assessment for the full amount, the costs of the appeal and trial in the circuit court shall be adjudged against the municipality.