Ala. Code
Code of Alabama

Ala. Code § 11-48-49 (2026)

Proceedings for Sale of Land Upon Failure of Owner to Pay Assessment, Installment, or Interest - Notice.

✓ official Alabama Legislature (ALISON) text, current July 2026
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If the property owner who has not elected to pay installments fails to pay his assessments within 30 days or, having elected to pay in installments, fails to pay the first installment in 30 days from the date of the assessment or makes default in the payment of any annual installment or the interest thereon, the whole of such assessment shall immediately become due and payable, and the officer designated by the municipality to collect such assessments shall proceed to sell the property against which the assessment is made to the highest bidder for cash, but he shall first give notice by publication once a week for three consecutive weeks in some newspaper published in the city or town or of general circulation therein of the date and time of such sale and the purpose for which the same is made, together with a description of the property to be sold. If said officer shall fail to advertise and sell any property on which said payments or installments are past due, any taxpayer of the issuing municipality or any holder of bonds of the series affected by said failure, whether of bonds heretofore issued or to be hereafter issued, shall have the right to apply for a writ of mandamus requiring said official to take such action to any court of competent jurisdiction, and said court shall, on proof, issue and enforce such writ.

(Code 1907, §1402; Code 1923, §2217; Acts 1927, No. 639, p. 753; Acts 1932, Ex. Sess., No. 47, p. 55; Code 1940, T. 37, §558.)

Notes of Decisions
Cited in 4 cases, 1998–2010 · leading case: Special Assets, LLC v. Chase Home Fin., LLC, 991 So. 2d 668 (Ala. 2007).
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Special Assets, LLC v. Chase Home Fin., LLC, 991 So. 2d 668 (Ala. 2007). · cites it 4× “Instead, the fire districts published notice of the sales in local newspapers in accordance with § 11-48-49, Ala.Code 1975. [2] The Evans Property in the Forestdale Fire District (Case no.”
Brown v. Minor Heights Fire Dist. (In Re Brown), 221 B.R. 849 (Bankr. N.D. Ala. 1998). · cites it 18× “Code of Ala.1975, § 11-48-49. Second, because section 11 — 48-49 does not designate what “legal hours of sale” apply to such sales, the defendants contend (based on a theory that assessment sales and tax sales should be conducted in the same manner), that the time provision…”
Hilgers v. Jefferson Cnty., 70 So. 3d 357 (Ala. Civ. App. 2010). · cites it 4× “See Ala.Code 1975, § 11-48-49. [2] On rehearing, Jefferson County argues that its lawsuit in the instant case was properly filed in the district court because it was an action to enforce the underlying debt for unpaid sewer-service charges, not a suit to enforce the liens that…”
Special Assets, LLC v. U.S. Bank, N.A., 902 So. 2d 711 (Ala. Civ. App. 2004). · cites it 6× “Code 1975 1 seeking to redeem certain real property Special Assets had purchased from the Porestdale Fire District, which had acquired the property on November 22, 1999, at a public improvements and assessments sale conducted pursuant to § 11-48-49, Ala.Code 1975. 2 Special…”
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