Code of Alabama
Ala. Code § 16-8-40 (2026)
Acquisition of Property; Right to Sue and Contract; Execution of Process.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) The county board of education shall have the right to acquire, purchase by the institution of condemnation proceedings if necessary, lease, receive, hold, transmit and convey the title to real and personal property for school purposes.
(b) It may sue and contract. All contracts shall be made after resolutions have been adopted by the board and spread upon its minutes.
(c) All processes shall be executed by service on the executive officer of the board.
(School Code 1927, §132; Acts 1933, Ex. Sess., No. 87, p. 81; Code 1940, T. 52, §99.)
Notes of Decisions
Cited in 10
cases, 1979–2018 · leading case: Alabama State Univ. v. Danley, 212 So. 3d 112 (Ala. 2016).
Alabama State Univ. v. Danley, 212 So. 3d 112 (Ala. 2016). “In affirming the judgment issuing the writ, the Court of Civil Appeals noted that, in Sims , this Court held that, pursuant to § 16-8-40, Ala.Code 1975, county boards of education have the rights to sue and to contract and that those rights carry the implied right to be sued ■…”
Belcher v. Jefferson Cnty. Bd. of Educ., 474 So. 2d 1063 (Ala. 1985). “Section 16-8-40, Code 1975, gives county boards of education the right to sue and contract.”
Brown v. Covington Cnty. Bd. of Educ., 524 So. 2d 623 (Ala. 1988). “1985): "Section 16-8-40, Code 1975, gives county boards of education the right to sue and contract.”
Bessemer Bd. of Educ. v. Tucker, 999 So. 2d 957 (Ala. Civ. App. 2008). “Section 16-8-40, Code 1975, gives county boards of education the right to sue and contract.”
Weaver v. Madison City Bd. of Educ., 947 F. Supp. 2d 1308 (N.D. Ala. 2013). “CODE § 16-8-40; Sims v. Etowah County Board of Education, 337 So.”
Rolin v. Escambia Cnty. Bd. of Educ., 752 F. Supp. 1020 (S.D. Ala. 1990). “CODE § 16-8-40; Sims v. Etowah County Board of Education, 337 So.”
Smith v. Dallas Cty. Bd. of Ed., 480 F. Supp. 1324 (S.D. Ala. 1979). “Code, which created city school boards, does not mention any ability to be sued); Ala.Code § 16-8-40 (the county board of education "may sue and contract"; no mention of being sued).”
Richardson v. Relf, 265 So. 3d 236 (Ala. 2018). “In the present case, a public entity is attempting to sell public property to another public entity for a legitimate public use, and it is undisputed that county boards of education have statutory authority to convey their property, see § 16-8-40, Ala. Code 1975. Therefore, Huey…”
Richardson v. Relf, 265 So. 3d 236 (Ala. 2018). “In the present case, a public entity is attempting to sell public property to another public entity for a legitimate public use, and it is undisputed that county boards of education have statutory authority to convey their property, see § 16-8-40, Ala. Code 1975. Therefore, Huey…”
Phillips v. West Morgan High Sch., 869 So. 2d 474 (Ala. Civ. App. 2003). “See § 16-8-40, Ala. Code 1975 (providing that a county board of education has the power to contract and to sue); Palmer v.”
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