2006 Alabama Code - Section 11-41-8 — Validation of prior attempted incorporations invalidated by procedural irregularities.

In all cases prior to May 1, 1998, where there has been an attempt to organize the inhabitants of any territory as a municipal corporation under this article, and the judge of probate of the county in which the territory is situated has entered an order that the inhabitants of the territory are incorporated as a town or city, as the case may be, pursuant to Section 11-41-4, but the attempted incorporation is invalid because of some irregularity in the procedure followed, the incorporation of that municipality so attempted to be organized and with respect to which the order has been made is validated ab initio in accordance with the description of the territory attempted to be incorporated as the description is contained in the order or, if the description of the territory attempted to be incorporated is not contained in the order in accordance with the description of the territory contained in the petition of the electors filed with the judge of probate, notwithstanding any failure to comply with the requirements respecting the signatures to or contents of the petition for incorporation, any irregularities as to publication or posting, or any other failure to comply with the procedures set forth in that article or otherwise required by law. This section shall not apply to the incorporation of any municipality held to be invalid by a court of competent jurisdiction by judgment entered prior to May 1, 1998, or in any matter where litigation is pending relating to the incorporation of the municipality.

(Acts 1971, No. 162, p. 437; Acts 1977, No. 350, p. 468; Acts 1981, No. 81-659, p. 1074; Acts 1986, No. 86-317, p. 471; Act 98-486, p. 931, §1.)