§ 45-51A-31.30 — Assessment of Land Within the I-65 Corridor

Alabama § 45-51A-31.30

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 51A: Montgomery County Municipalities
• Art. 3: Montgomery
• Part 2: Economic & Industrial Development and Zoning
• Subpart 2: Montgomery I-65 Corridor Development Authority

Text

The authority, with the consent of the landowners as set forth in subdivision (3), may petition the governing body of either the city or the county, based upon the location of the land, to assess some or all of the land within the boundaries of the authority for the purpose of acquiring, constructing, or installing improvements, in accordance with the following procedure:
(1) The board shall prepare plans for the acquisition, construction, or installation of the improvements. The plans shall include a reasonable description of the improvements and an estimate of the cost of the improvements.
(2) The proposed assessment of each tract of land within the boundaries of the authority, based on the estimated increase in value of each tract resulting from the special benefits derived from the proposed improvements, and consistent with Section 223 of the Constitution of Alabama of 1901.
(3) The petition shall further include a document executed by each owner of property to be assessed approving the petition.
(4) a. Except as provided in subdivision (7) the authority must comply with all state, county, and municipal laws, rules, and regulations and the authority must obtain all approvals that may be required by the government within which the land to be assessed is located.
b. Upon receipt of the petition by the governing body within which the land to be assessed is located, the governing body shall determine what approvals may be required by the governing body including, but not limited to, approval of zoning, subdivision, fire regulations, and other ordinances, rules, codes, and regulations of the city, and if other approvals are required, the governing body shall forward the petition, or applicable portions thereof, to the appropriate boards and agencies to consider whether to grant the petition and to notify the authority of the necessity of obtaining approvals. The petition shall be held by the governing body in abeyance until all approvals as may be required have been received, or variances or exceptions granted.
c. Failure to notify the authority of the required approval shall not relieve the authority from complying with the required approval. No cause of action may be maintained against the county, its officers, employees, servants, or agents for failure to notify the authority of any required approval.
(5) Upon receipt of all required approvals, variances, or exceptions, the governing body shall conduct a hearing with respect to the petition, and if considered expedient by the governing body, the governing body may assess the property within the authority as proposed in the petition and shall further take any actions with respect to tax exemptions considered expedient.
(6) In the event that the board determines that it is necessary to amend its petition to the governing body in order to conform to its rules, regulations, and ordinances, or to obtain variances and exceptions as may be appropriate, or to obtain approval of the petition by the governing body, the board may do so.
(7) The city, county, and state may determine that improvements may be built by the authority, paid for with proceeds of bonds, and may otherwise be subject to the terms of this subpart even though the subdivision, zoning, or other ordinances, rules, codes, and regulations of the local governments would, but for this subpart, require the owners of the land, developers, or other private persons to pay for the costs of improvements, and to the extent paid for from the proceeds from a bond issue or assessments under this subpart, the private person shall be relieved of the obligation to pay for costs; provided, however, nothing in this subpart shall be construed or interpreted as relieving any project from complying with all subdivision, zoning, or other local ordinances, rules, codes, or regulations.

Legislative History

(Act 2009-764, p. 2319, § 11.)