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47,997 statutes · page 2400 of 2400
United States — Alabama legislation
17 statutes shown from 47,997 source-backed records
A district organized under this article may be dissolved by the probate court if the listed conditions are met, and the court may not consider dissolution unless enough property owners petition for it.
This article is to be read broadly to support water storage, drainage, flood protection, and related water uses. Assessment collection is not defeated by earlier procedural defects if proper notice was given, and the article’s remedies are exclusive.
The probate court must keep a complete record of its proceedings in a dedicated book, and it must name that book as specified.
If a qualifying petition for a water management district is filed, the court of probate must appoint a qualified engineer, set the engineer’s compensation, and fund related expenses.
This provision defines several terms used in the article.
The section declares state policy favoring control and proper distribution of surface waters on agricultural lands, erosion control, drainage improvements, and organization of subdistricts for those purposes.
Each county is declared a drainage district, and the county commission with the judge of probate as chairman acts with the powers of a drainage or water management board.
The county commission controls county drainage-district affairs, may make related contracts and lease equipment, and subdistrict officers must collect charges and the treasurer must account for funds.
County commissions acting as a drainage district may establish drainage subdistricts and carry out related drainage work, but not in a way that conflicts with other specified drainage and water management provisions.
Land owners must start and file a signed petition to establish a subdistrict, and the chairman and county commission must follow set hearing and decision steps.
Owners in the subdistrict must share improvement costs as assessments against benefited land, and unpaid assessments can lead to certificates, interest, notice, and sale of the land.
Landowners may file written objections about a proposed subdistrict or an assessment, and may appeal certain county commission orders to circuit court within specified deadlines.
If acquiring a right-of-way or outlet over affected land is necessary, eminent domain may be used and the land may be condemned.
This section defines “costs” and “expenses” broadly for a subdistrict, treats advanced startup funds as a charge and prior lien on the affected land, and makes those funds immediately due if the county commission dismisses the petition.
The probate court where the petition is filed must keep original and exclusive jurisdiction over the district, regardless of county lines, but the matter remains subject to appeal to the circuit court of that county.
This article must be read broadly to support its purposes, defects in earlier proceedings do not defeat assessment collection or subdistrict functioning once required notices were given, failure to appeal the county commission’s order waives illegality, and the article’s remedies are exclusive.
The probate court must promptly give notice after the engineer’s report or other plans are filed, using personal service or publication, and the probate judge must mail a copy of the notice to the commissioners.
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