Ala. Code
Code of Alabama

Ala. Code § 16-8-20 (2026)

Annexing to City Territory Embracing Schools - Retention of Control Pending Agreements.

✓ official Alabama Legislature (ALISON) text, current July 2026
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When any part of the territory embracing a school under the supervision and control of the county board of education is annexed to a city having a city board of education by extension of the corporate limits of such city, the county board of education shall retain supervision and control of said school and for school purposes shall retain the same control of the territory and revenues which it exercised prior to such annexation, for the purpose of using and devoting said school to the benefit of all children who were or would be entitled to the use and benefit of the school so long as it was a county school, until an agreement has been made between the county board of education and the city board of education, and the city council or commission or other governing body of the city to which the territory was annexed, with reference to the matter of existing indebtedness and of providing the same or equivalent school facilities for the children in that part of the territory in the school district or districts not annexed or made a part of such city.

(School Code 1927, §114; Code 1940, T. 52, §83.)

Notes of Decisions
Cited in 3 cases, 1978–2006 · leading case: Chism v. Jefferson Cnty., 954 So. 2d 1058 (Ala. 2006).
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Chism v. Jefferson Cnty., 954 So. 2d 1058 (Ala. 2006). “If there was a county school building taken in by the area of the new system, then § 16-8-20 et seq., Ala.Code 1975, would provide for the building transfer and any transactions necessary concerning any existing indebtedness on the building, together with "providing the same or…”
Phillips v. Beasley, 78 F.R.D. 207 (N.D. Ala. 1978). “…(§ 16-28-19); the interim retention of control by the county board of schools located in areas annexed to the city (§ 16-8-20); the preclusion of the city’s levying ad valorem taxes for school purposes unless the county is levying and assessing a school tax (§ 16-13-182);…”
Linda Stout, Etc., United States of Am., Plaintiff-Intervenor-Appellee v. Jefferson Cnty. Bd. of Educ., 845 F.2d 1559 (11th Cir. 1988). “See Ala. Code §§ 16-8-20 , 16-11-9 (1988); Brown v.”
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