Legal Question in Real Estate Law in Alabama

alabama land laws

My great grandparents had a great deal of property in Tuskegee Alabama in the 1950's. Many of my relatives moved North b/c of better job, social, housing opportunities for blacks in the 50's. When my family returned to Alabama several years later their property has been turned into factories, condos etc. The state said they sold and converted my family's property because of periodic lapse in property taxes payments. Are my family members entitled to some typ e of compensation for their land lose. The property records were burned in a courthouse fire(pre-computer) so no real records are available about the sell etc of the land. Do members of my family have any legal recourse?.


Asked on 4/25/00, 4:37 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: alabama land laws

I wouldn't hold out too much hope on recovering any land or money. Generally, if the taxes are not paid on a regular basis on land, the County will move to sell the land at tax sale. In Georgia (check with an ALA attonrey for the specifics of ALA law), the former owner has not less than 1 and not more than 4 years (with other exceptions) to redeem the property. If the land is not properly redeemed from the one who bought on the courthouse steps -- then IT IS OVER.

You seem to quote timeframes extending back to the 50's and 60's. If these are accurate dates, I can assure you have have almost zero chance of recovering either the land or any monies. Probably the Alabama land tax sale statutes killed your families claims back in the late 60's. If not, your claims are clearly barred by the equitable doctrine of Laches.

If you find a legal opinion that says you will win, email it to me. Absent lots of new facts, I would like to review a winning legal theory on this one.

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Answered on 6/07/00, 12:43 am


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