Code of Alabama
Ala. Code § 11-50-50 (2026)
Construction and Maintenance of Sewers, Drains, Etc., by Municipalities Authorized.
✓ official Alabama Legislature (ALISON) text, current July 2026
All cities and towns may make all needful provisions for the drainage of such city or town, may construct and maintain efficient sanitary and stormwater sewers or sewer systems, either within or without the corporate limits of the city or town, may construct and maintain ditches, surface drains, aqueducts, and canals and may build and construct underground sewers through private or public property, either within or without the corporate limits of such city or town, but just compensation must first be made for the private property taken, injured, or destroyed.
(Code 1907, §1302; Code 1923, §2076; Code 1940, T. 37, §601.)
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1981–2026 · leading case: Long v. Jefferson Cnty., 623 So. 2d 1130 (Ala. 1993).
Long v. Jefferson Cnty., 623 So. 2d 1130 (Ala. 1993). “1982), this Court held that pursuant to Code 1975, § 11-50-50, municipalities are authorized to construct and maintain drainage systems, and, while a municipality is not required to exercise this authority, once it does so, a duty of care arises and a municipality may be liable…”
Ziegler v. City of Millbrook, 514 So. 2d 1275 (Ala. 1987). “1982), this Court held that pursuant to Code 1975, § 11-50-50, municipalities are authorized to construct and maintain drainage systems, and, while a municipality is not required to exercise this authority, once it does so, a duty of care arises and a municipality may be liable…”
Long v. City of Athens, 24 So. 3d 1110 (Ala. Civ. App. 2009). “See Kennedy, and Ala.Code 1975, § 11-50-50. In order to avoid a summary judgment on their negligent-maintenance claim, the Longs “must present evidence from which a jury could reasonably conclude that the flooding of their property was proximately caused by the City’s failure to…”
St. Clair Cnty. Home Builders Ass'n v. City of Pell City, 61 So. 3d 992 (Ala. 2010). “” § 11-50-50, Ala.Code 1975. “Any city or town may extend or alter its sewer system and extend the mains whenever in the opinion of the city or town it may be necessary or expedient to do so.”
Benson W. Peak v. City of Tuscaloosa., 73 So. 3d 5 (Ala. Crim. App. 2011). “Similarly, § 11-50-50, Ala.Code 1975, provides: “All cities and towns may make all needful provisions for the drainage of such city or town, may construct and maintain efficient sanitary and stormwa-ter sewers or sewer systems, either within or without the corporate limits of…”
City of Alabaster v. Hous. Auth. of the Town of Columbiana, 451 So. 2d 336 (Ala. Civ. App. 1984). “In Shelby County Probate Court, Judge Snowden found that the City had a right to acquire the land by condemnation stating that the taking was for a public purpose within the provisions of § 11-50-50 and § 11-47-171, Code of Alabama 1975.”
Lee v. City of Anniston, 722 So. 2d 755 (Ala. 1998). “” The City moved for a summary judgment, and the trial court granted the motion. The plaintiff appealed. The resolution of this case turns primarily on the duty owed Lee’s son and other members of the public by the City under these facts.”
Town of Hokes Bluff v. Butler, 404 So. 2d 623 (Ala. 1981). “Code 1975, § 11-50-50. Several residents and property owners in the Tillison Bend community brought suit to restrain the proposed construction as constituting a nuisance.”
Parrish v. City of Bayou La Batre, 581 So. 2d 1101 (Ala. Civ. App. 1990). “Section 11-50-50, Ala.Code 1975, authorizes municipalities to make all needful provisions for the drainage of the city, expressly including the right to construct and maintain efficient sanitary and stormwater sewer systems.”
The City of Mountain Brook v. Rodney E. Miller & Mary Leah Miller (Ala. 2026). “Code [1975,] § 11-50-50, however, authorizes municipalities, like [the City], to make necessary provisions for stormwater drainage and 'maintain efficient' stormwater drainage systems.”
City of Prichard v. Lasner, 406 So. 2d 990 (Ala. Civ. App. 1981). “The trial court overruled Prichard’s motion for a judgment notwithstanding the verdict, or, in the alternative, for a new trial.”
Langley ex rel. Langley v. City of Saraland, 776 So. 2d 814 (Ala. Civ. App. 1999). “The Langleys contend that the City breached a duty established under § 11-50-50, Ala.Code 1975. That section provides the following: “All cities and towns may make all needful provisions for the drainage of such city or town, may construct and maintain efficient sanitary and…”
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