Reduction of Corporate Limits.

Ala. Code tit. 11, tit. 2, ch. 42, art. 7

in effect

Ala. Code § 11-42-200 Passage of Resolution Defining Proposed Reduced Corporate Limits.

11-42-200. Passage of Resolution Defining Proposed Reduced Corporate Limits. Whenever in the opinion of the council or governing body of any city or town the public health or public good requires that the corporate limits of such town or city be reduced and the boundaries thereof reestablished, said council shall pass a resolution defining the proposed corporate limits. (Acts 1923, No. 372, p. 394; Code 1923, §2413; Code 1940, T. 37, §237.)

Ala. Code § 11-42-201 Certification and Filing with Probate Judge of Resolution, Plat or Map, and List of Qualified Electors.

11-42-201. Certification and Filing with Probate Judge of Resolution, Plat or Map, and List of Qualified Electors. Upon the passage of such resolution the mayor or person holding the chief office of such city or town shall certify a copy of such resolution, together with a plat or map correctly defining the corporate limits proposed to be established, and the names of all qualified electors residing in the territory proposed to be excluded from the area of such corporation, and file the same with the judge of probate of the county in which said city or town is situated. (Acts 1923, No. 372, p. 394; Code 1923, §2414; Code 1940, T. 37, §238.)

Ala. Code § 11-42-202 Filing of Resolution and Map or Plat; Notice to Residents of Territory to Be Excluded of Hearing to Show Cause Why Proposed Boundary Should Not Be Established and Map or Plat Recorded.

11-42-202. Filing of Resolution and Map or Plat; Notice to Residents of Territory to Be Excluded of Hearing to Show Cause Why Proposed Boundary Should Not Be Established and Map or Plat Recorded. Upon the presentation of such certified copy of such resolution, accompanied by the map or plat, the judge of probate shall file the same and issue notice to the persons residing within the territory proposed to be excluded to appear before him on a day to be fixed by the judge of probate, not less than 10 nor more than 30 days from the filing of such resolution, and show cause, if any they can, why said proposed boundary should not be established and said map or plat recorded. (Acts 1923, No. 372, p. 394; Code 1923, §2415; Code 1940, T. 37, §239.)

Ala. Code § 11-42-203 Order to Be Entered Establishing Corporate Limits as Defined in Resolution and Map or Plat When No Protest Filed; Recordation of Map or Plat.

11-42-203. Order to Be Entered Establishing Corporate Limits as Defined in Resolution and Map or Plat When No Protest Filed; Recordation of Map or Plat. On the day so fixed by the judge of probate if no one appears and makes protest against such change, the judge of probate shall make an order which must be entered upon the minutes of the probate court establishing said corporate limits as outlined in said resolution and map or plat and order that said map or plat be recorded in an appropriate record in his office. (Acts 1923, No. 372, p. 394; Code 1923, §2416; Code 1940, T. 37, §240.)

Ala. Code § 11-42-204 Order to Be Entered Directing Election as to Establishment of Proposed Corporate Limits.

11-42-204. Order to Be Entered Directing Election as to Establishment of Proposed Corporate Limits. If any protest against such change is made by any person within the territory to be excluded and reasonable cause is shown which, in the opinion of the judge of probate, requires that such question be submitted to the qualified electors of such city or town, the judge of probate shall make an order and enter the same upon the minutes of the probate court directing and ordering an election to be held by the qualified electors of said city or town not less than 10 nor more than 30 days from the making of such order. (Acts 1923, No. 372, p. 394; Code 1923, §2418; Code 1940, T. 37, §242.)

Ala. Code § 11-42-205 Notice of Election.

11-42-205. Notice of Election. The judge of probate shall give notice of the holding of such election by publication in newspaper published within the city or town, one publication thereof for at least seven days being sufficient, and if no newspaper is published in such city or town then by posting a notice thereof at three public places in said city or town, which notice shall state the day on which such election is to be held, describe the proposed corporate limits as fixed by said resolution, and state that a map of such territory is on file in the office of judge of probate of said county, open to public inspection. (Acts 1923, No. 372, p. 394; Code 1923, §2419; Code 1940, T. 37, §243.)

Ala. Code § 11-42-206 Places of Voting; Persons Entitled to Vote.

11-42-206. Places of Voting; Persons Entitled to Vote. Such election shall be held at the regular voting places in said city or town and all qualified electors residing in said city or town shall have a right to vote thereat. (Acts 1923, No. 372, p. 394; Code 1923, §2420; Code 1940, T. 37, §244.)

Ala. Code § 11-42-207 Question Submitted; Conduct of Election Generally; Form, Marking, Etc., of Ballots; Appointment, Etc., of Clerks, Inspectors, and Returning Officer; Ascertainment, Etc., of Election Results; Entry of Order as to Adoption of Proposed Corporate Limits, Etc.

11-42-207. Question Submitted; Conduct of Election Generally; Form, Marking, Etc., of Ballots; Appointment, Etc., of Clerks, Inspectors, and Returning Officer; Ascertainment, Etc., of Election Results; Entry of Order as to Adoption of Proposed Corporate Limits, Etc. (a) The election shall be to determine whether or not the proposed corporate limits shall be established, and such election must be conducted in all respects as provided by the general election laws and under the same sanctions and penalties, except as changed by the provisions of this article and except that no official ballot need be provided. (b) Each voter may furnish his own ballot with the following words written or printed thereon: “For adoption of the proposed corporate limits,” if he desires to vote in favor of proposed corporate limits or “Against the adoption of proposed corporate limits,” if he desires to vote against the adoption of proposed corporate limits. It shall not be necessary for the ballot to be of any particular size, form, or color. (c) The judge of probate shall appoint the inspectors and clerks and a returning officer to hold said election, and the inspectors at their respective voting places, as soon as the polls are closed, must ascertain and certify the result of the election at their respective voting places to the judge of probate and deliver the same to the returning officer who must at once return the same to the judge of probate, and the judge of probate must canvass the returns as made by the inspectors and if it appears that a majority of votes cast at the election was in favor of adoption of proposed corporate limits, the judge of probate must make and enter an order on the record of probate court adjudging and decreeing that the corporate limits of the city or town as proposed and as defined in the resolution and designated on the plat or map attached to the resolution have been duly adopted and are the legal corporate limits of said city or town and must order said resolution, together with said map, recorded in the records in his office, and from the time of the entry of such order said corporate limits shall be the corporate limits of said city or town. (Acts 1923, No. 372, p. 394; Code 1923, §2421; Code 1940, T. 37, §245.)

Ala. Code § 11-42-208 Entry of Order Dismissing Proposal for Adoption of Proposed Corporate Limits.

11-42-208. Entry of Order Dismissing Proposal for Adoption of Proposed Corporate Limits. If it appears that the majority of votes cast in such election are against the adoption of the proposed corporate limits, an order shall be entered by the probate judge dismissing said proposal. (Acts 1923, No. 372, p. 394; Code 1923, §2422; Code 1940, T. 37, §246.)

Ala. Code § 11-42-209 Contests of Election.

11-42-209. Contests of Election. The result of such election may be contested by any qualified elector voting at the election in the manner provided for contest of general municipal elections, making the city or town the contestee. (Acts 1923, No. 372, p. 394; Code 1923, §2423; Code 1940, T. 37, §247.)

Ala. Code § 11-42-210 Costs and Expenses of Proceedings.

11-42-210. Costs and Expenses of Proceedings. The city or town at whose instance the proceedings are instituted shall pay all costs and expenses incident thereto, including the cost of such election so held. (Acts 1923, No. 372, p. 394; Code 1923, §2424; Code 1940, T. 37, §248.)

Ala. Code § 11-42-211 Map or Plat, Etc., Evidence of Municipal Boundaries.

11-42-211. Map or Plat, Etc., Evidence of Municipal Boundaries. Said map or plat, the record thereof or a certified copy therefrom, whether the same is adopted without objection or adopted after election as provided in this article, shall be evidence in any court of this state as to the proper boundaries of said city or town. (Acts 1923, No. 372, p. 394; Code 1923, §2417; Code 1940, T. 37, §241.)

Ala. Code § 11-42-212 Laws Governing Territory Within Corporate Limits Established Pursuant to Article; Jurisdiction as to Same.

11-42-212. Laws Governing Territory Within Corporate Limits Established Pursuant to Article; Jurisdiction as to Same. The territory included within the corporate limits established under the provisions of this article shall be subject to all the laws and ordinances of said city or town then in force or that may thereafter be adopted, and said city or town shall have and exercise the same jurisdiction over said territory as it exercised over the original territory. (Acts 1923, No. 372, p. 394; Code 1923, §2425; Code 1940, T. 37, §249.)

Ala. Code § 11-42-213 Fees and Compensation of Probate Judge and Other Officers for Services Rendered.

11-42-213. Fees and Compensation of Probate Judge and Other Officers for Services Rendered. The judge of probate for services rendered under the provisions of this article shall be entitled to charge a fee of $10.00. All other officers shall be entitled to the same compensation for services rendered by them as they are authorized by law to charge for similar services rendered by them and the city or town at whose instance the services are performed under the provisions of this article shall pay all costs and expenses thereof; except, that in the case of a contest as provided in this article, the cost of such contest shall be paid by the party against whom such contest is decided. (Acts 1923, No. 372, p. 394; Code 1923, §2426; Code 1940, T. 37, §250.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026