(a) As to each cause against a property owner who filed a contest, the judge of probate may set the same for hearing at such time as he sees fit, and on the hearing shall hear such evidence as is introduced by either the property owner or the city and shall determine as to whether or not the facts which authorize the property to be taxed by the city under the terms of this article did or did not exist at the time the certified resolution was passed by the board or governing body of the city.
(b) If the judge of probate decides that the requisite facts did exist at the time of the passing of the resolution, he shall render a decree adjudging that thereafter the land and property having a situs thereon (described in the decree) shall be subject to taxation by the city and that taxes thereon shall thereafter be paid to the city.
If the judge of probate decides that the requisite facts did not exist at the time of the passing of said resolution, the judge of probate shall render a decree adjudging that the land and property having a situs thereon is not subject to taxation by the city, and that taxes thereon shall not be paid to the city until the facts thereafter authorize such taxation in accordance with the provisions of this article.
Structure Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 2 - Provisions Applicable to Municipal Corporations Only.
Chapter 42 - Alteration of Corporate Limits.
Article 3 - Annexation of Territory by Cities of 25,000 Inhabitants or More.
Section 11-42-40 - Applicability of Provisions of Article; Provisions of Article Not Exclusive.
Section 11-42-41 - Passage of Resolution to Annex Territory.
Section 11-42-43 - Ordering of Election.
Section 11-42-44 - Notice of Election.
Section 11-42-45 - Designation of Voting Places and Boundaries for Voting.
Section 11-42-46 - Appointment of Inspectors and Returning Officers; Duty of Inspectors Generally.
Section 11-42-47 - Qualifications for Voting; Electors to Vote at Designated Voting Places.
Section 11-42-48 - Applicability of General Election Laws.
Section 11-42-50 - Ascertainment, Certification, and Delivery of Election Results.
Section 11-42-52 - Contests of Election.
Section 11-42-53 - Costs of Election.
Section 11-42-54 - Subsequent Extensions of Corporate Limits.
Section 11-42-55 - Requirement as to Resolutions, Orders, or Notices Under Article.
Section 11-42-56 - Subsequent Elections Not to Be Held Within 12 Months of Preceding Election.
Section 11-42-57 - Exemption From Taxation of Territory Annexed and Property Therein.
Section 11-42-62 - Separately Owned Lands May Be Embraced in Single Resolution or Notice.
Section 11-42-73 - Creation, etc., of Wards; Election of Aldermen or Representatives.
Section 11-42-75 - Rearrangement, etc., of Boundaries of Wards.
Section 11-42-81 - Licensing of Dance Halls, Poolrooms, etc., in Territory Exempt From Taxation.
Section 11-42-87 - Fees and Compensation of Probate Judge and Other Officers for Services Rendered.