Alabama § 11-88-72 Appeal from Assessments to Circuit Court - Conduct of Trial Generally; When Costs of Appeal and Trial Adjudged Against Authority

Alabama Statutes

§ 11-88-72 — Appeal from Assessments to Circuit Court - Conduct of Trial Generally; When Costs of Appeal and Trial Adjudged Against Authority

Alabama § 11-88-72

Title 11Counties and Municipal Corporations

Ch. 88Water, Sewer and Fire Protection Authorities

Art. 2Construction of Sewage Treatment or Disposal Plants, Etc., in Resort Areas by Authorities

This text of Alabama § 11-88-72 (Appeal from Assessments to Circuit Court - Conduct of Trial Generally; When Costs of Appeal and Trial Adjudged Against Authority) 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 § 11-88-72 (2026).

Text

The said appeal may be tried on the record without other pleadings and the court shall hear all objections of the property owners to the said assessment and the amount thereof, 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 render judgment accordingly. Such appeal 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 appeal shall be tried by a jury as provided in common law cases.
In event the court or jury shall not sustain the assessment for the full amount, the costs of appeal and trial in circuit court shall be adjudged against the authority.

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The said appeal may be tried on the record without other pleadings and the court shall hear all objections of the property owners to the said assessment and the amount thereof, 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 render judgment accordingly. Such appeal 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 appeal shall be tried by a jury as provided in common law cases.
In event the court or jury shall not sustain the assessment for the full amount, the costs of appeal and trial in circuit court shall be adjudged against the authority.