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SB255 INTRODUCED
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SB255
7B16PEE-1
By Senator Givhan
RFD: Judiciary
First Read: 03-Feb-26
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7B16PEE-1 02/03/2026 VSM (L)ma 2025-2079
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First Read: 03-Feb-26
SYNOPSIS:
Under existing law, a person filing a quiet
title action must show proof of payment of ad valorem
taxes in certain circumstances.
Also under existing law, certain nonprofits do
not pay ad valorem taxes.
This bill would allow an exception to bring a
quiet title action for tax exempt organizations that do
not pay ad valorem taxes.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to quiet title claims; to amend Sections
6-6-560 and 6-6-566, Code of Alabama 1975; to exempt certain
nonprofit entities from having to make ad valorem tax payments
as a prerequisite to file a quiet title action; and to make
nonsubstantive, technical revisions to update the existing
code language to current style.
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code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 6-6-560 and 6-6-566 of the Code of
Alabama 1975, are amended to read as follows:
"§6-6-560
(a)When any A person , may bring a quiet title action in
accordance with this division to establish the title to or an
interest in land and to clear up all doubts or disputes
concerning the title. natural or artificial, claims, either in
his own right or in any representative capacity whatsoever, to
own any lands or any interest therein, and is
(b) A person may file an action to claim title to or an
interest in land in the circuit court of the county in which
the land is located, provided no other action to claim title
to or an interest in the land is pending on the date the claim
is filed and:
(1) The person is in the actual, peaceable possession
of the land ;, or
(2) If not in possession of the land and no if neither
he nor any other person is in the actual possession of the
landsland, the person, either collectively or with one or more
other persons:
a. Holds and he holds, and has held , color of title to
the landlands, or interest so claimed, for a period of 10 or
more consecutive years next immediately preceding the date the
claim is filed; and
b. Except for persons exempt from ad valorem taxes
because the property is being used solely for religious,
educational, or charitable purposes, or for other exempt
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educational, or charitable purposes, or for other exempt
purposes as set out in Section 40-8-1, and has paid taxes on
the landsland or interest during the whole of such entire time
period , described in paragraph a. or if he, together with
those through whom he claims, has held color of title and paid
taxes on the land or interest so claimed during the whole of
such period of time, or if he and those through whom he claims
have paid taxes during the whole of such period of 10 years on
the lands or interest claimed and no other person has paid
taxes thereon on the property during any part of said that
period.
"§6-6-566
(a) A plaintiff establishes prima facie evidence of
title in the following situations:
(1) The plaintiff Against all parties to the complaint
who have made no answer thereto within the time allowed for
such purpose and against all persons not intervening in said
case and claiming an interest in said lands prior to the time
the case became at issue, proves proof of actual, peaceable
possession by the plaintiff and color of title to said lands ,
and no parties file a response to the complaint. in the
plaintiff shall be conclusive evidence of title to said lands
in the plaintiff.
(2) (b) Against all persons who have neither paid any
taxes upon said lands nor had any possession thereof, or of
any part thereof, during the five years next preceding the
filing of the complaint, against all parties to the complaint
who have made no answer thereto within the time allowed for
such purpose and against all persons not intervening in said
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such purpose and against all persons not intervening in said
case and claiming an interest in said lands prior to the time
the case became at issue, The plaintiff, or those parties
through whom he or she claims title, show all of the
following: proof of
a. colorColor of title . to said lands in the plaintiff
or in the plaintiff and those through whom he claims title,
b. The plaintiff, or those through whom he or she
claims title, have and payment of either paid taxes during
said the previous five-year period by the plaintiff or by the
plaintiff and those through whom he claims title, five years
or were exempt pursuant to Section 40-8-1. proof of exclusive
payment of taxes by the plaintiff or by the plaintiff and
those through whom he claims title,
c. No other person has paid taxes during said the
previous five-year period shall be prima facie evidence of
title to said lands in the plaintiff five years .
(c)(3) Against all persons who have neither paid any
taxes upon said lands nor had any possession thereof, or of
any part thereof, during the 10 years next preceding the
filing of the complaint, against all parties to the complaint
who have made no answer thereto within the time allowed for
such purpose and against all persons not intervening in said
case and claiming an interest in said lands prior to the time
the case became at issue, The plaintiff individually, or with
those through whom he or she claims title, has:
a.proof of color Color of title ; to said lands in the
plaintiff or in the plaintiff and those through whom he claims
title, and
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title, and
b. payment of Paid taxes during the previous 10 years
or was exempt from ad valorem taxes due to the property being
used solely for religious, educational, or charitable
purposes, or for other exempt purposes as set out in Section
40-8-1 during said the previous 10-year 10 years, and no other
person has paid taxes during that period. period by the
plaintiff or by the plaintiff and those through whom he claims
title, or proof of exclusive payment of taxes by the plaintiff
or by the plaintiff and those through whom he claims title,
during said 10-year period, shall be conclusive evidence of
title to said lands in the plaintiff. "
Section 2. This act shall become effective on October
1, 2026.
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