Code of Alabama

Ala. Code § 40-10-132 (2026)

List and Sale of Bid in Lands Owned by the State.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) The Land Commissioner shall maintain a listing of all the lands that have been bid in for the state, which shall include the following:

(1) A legal description of the property, as it appears on the certificate of purchase provided to the state as required by Section 40-10-20.

(2) The amount of state and county taxes due.

(3) The date when the property was bid in for the state.

(b) After three years from the date of the sale, any portions of property that have not been redeemed shall be subject to sale by the state. The Land Commissioner may sell the property in any of the following ways:

(1) Sell the property at private sale to any purchaser, who may pay in cash to the Treasurer such sum of money as the Land Commissioner ascertains to be sufficient to cover and satisfy all claims of the state and county, which sum shall not be less than the amount of money for which the lands were bid in by the state, with interest thereon at the rate of 12 percent per annum from the date of sale, together with the amount of all taxes due on the lands since date of sale, with interest thereon at the rate of 12 percent per annum from the maturity of such taxes.

(2) If the lands are within a municipal boundary, sell the property to the municipality or other nonprofit or governmental entity as the municipality may designate, at the best price offered, irrespective of the amount of taxes and interest due.

(3) If the property is not within a municipal boundary, sell the property to the county in which the lands are situated or other entity as the county may designate, at the best price offered, irrespective of the amount of taxes and interest due.

(4) Sell the property to such other entity created jointly by the municipality and the county in which the lands are situated as much as may be authorized by state law, at the best price offered, irrespective of the amount of taxes and interest due.

(5) Sell the property to a land bank authority created as authorized by Chapter 9, Title 24, for no consideration, irrespective of the amount of taxes and interest due.

(c) If the property has not been redeemed or sold by the state within five years from the date of the sale, the property may be sold by the Land Commissioner by online public auction as provided in Section 40-10-134, irrespective of the amount of taxes and interest due.

(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §315; Acts 1988, 1st Ex. Sess., No. 88-824, p. 265, §16; Act 2002-426, p. 1094, §1; Act 2013-249, p. 610, §1; Act 2024-83, §1.)

Notes of Decisions

Cited in 6 cases, 1988–2017 · leading case: Langan v. Altmayer, 539 So. 2d 173 (Ala. 1988).

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Langan v. Altmayer, 539 So. 2d 173 (Ala. 1988). · cites it 9× “" Code of 1975, *178 § 40-10-132. If there are lands that have been sold for taxes and bought for the State and not redeemed or sold by the State after a period of five years has elapsed from the date of sale to the State by the tax collector (the case here), then the land…”

Roberts v. M & R Props., Inc., 612 So. 2d 432 (Ala. 1992). · cites it 4× “" "[§ 40-10-132]. It shall be the duty of the land commissioner to cause to be prepared a suitable book, in which shall be entered a description, as accurate as can be obtained, of all the lands which have been bid in by the state, with the amount of state and county taxes due…”

In re Washington, 551 B.R. 644 (Bankr. M.D. Ala. 2016). “CODE §§ 40-10-132 or 40-10-134, supra, the purchaser is entitled to a tax deed granting him “all the right, title, and interest of the state in and to such lands” and providing him “all the rights, liens, powers, and remedies, whether as a plaintiff or defendant, respecting said…”

Kaylor v. State, 782 So. 2d 206 (Ala. 2000). “In his brief, Kaylor sets forth the following three issues: (1) whether the State is estopped to deny the recitals of its deed, issued in accordance with §§ 40-10-132, -134, and 135, Ala.Code 1975, in which it purported to convey all rights, title, and interest of the State to…”

Mount Tabor Benevolent Ass'n v. Sizemore, 608 So. 2d 757 (Ala. Civ. App. 1992). · cites it 2× “Tabor initiated an action on June 28, 1991, requesting an injunction against the sale proposed by the State pursuant to Ala. Code 1975, § 40-10-132, and a declaratory judgment.”

Ward v. All S. Rental Homes, Inc., 239 So. 3d 585 (Ala. Civ. App. 2017). “] *590 Code 1975, §§ 40-10-132, -135."). Because All South sought to redeem the property within three years of the time Ward became entitled to a deed, we cannot conclude that the trial court erred in allowing All South to redeem the property.”

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