Loading map…
Regbase

The Data Center Divide

Limestone County

Slightly Anti-Data Center Policies

Limestone County may support industrial sites and infrastructure in covered areas, potentially easing data-center construction; support may require a vote or advance notice, and the measure offers no data-center-specific incentives or protections.

Rating from Alabama statewide as there are no scored current or future laws outside temporary restrictions for Limestone County.

Incentives

Land discountsInfrastructure funding

Authorizes participating counties and municipalities to support industrial and research occupants through industrial-site roads, drainage, sewers and utilities and land sales below acquisition and development cost subject to public approval and notice.

Specific to Limestone County only.

current law · County measure
Authorizes the governing bodies of 17 Alabama counties and municipalities within them to promote local economic and industrial development, independently or jointly, through full and continuing authority to acquire, improve, develop, lease, sell, or convey land for industrial sites, parks, and related facilities.Alabama Amendment 429 (1956)

What this means

Some local governments could prepare industrial sites and support infrastructure, which may make it easier to build data centers in the places covered. The benefit is limited and indirect, and public support may require a vote or advance notice; the measure gives no data-center-specific incentives or protections.

Timing

Ends
Jun 30, 1997

The restriction on municipal planning and zoning authority expires on this date. The restriction on police jurisdiction remains.

Restrictions & requirementsHide restrictions & requirements26
  • In unincorporated Baldwin County, wastewater utilities may be subject to legislatively established minimum standards for system design, placement, construction, operation, and maintenance; regulated consumer and utility rates; mandatory connection to an available wastewater system; fees of up to 5% of gross connection, collection, and treatment receipts; and eminent-domain authority for wastewater construction.

  • Baldwin County generally may not provide stormwater management, water services, garbage collection, public buildings, or related facilities inside a municipality or another county except by contract with the affected municipality or county.

  • In Baldwin County, territory separated from a municipality by a body of water or by an interstate highway without a publicly maintained toll-free connection may not be annexed by local law unless voters in the territory approve the annexation.

  • Property within the Stockton Landmark District, Rosinton Landmark District, or Barnwell Landmark District in Baldwin County may not be annexed into a municipality by local law, except for a municipality incorporated after ratification that includes part of the applicable district.

  • A municipality not located wholly or partly in Blount County on the amendment’s effective date may not annex territory in Blount County without approval by a majority of Blount County voters in a referendum. A municipality located entirely outside Blount County also may not impose municipal ordinances, regulations, taxes, zoning, planning, sanitation rules, or inspection services in its Blount County police jurisdiction, except for public-safety mutual aid.

  • In Calhoun County, territory outside municipal corporate limits generally may not be subject to the police or planning jurisdiction of a municipality that is not located entirely within Calhoun County. The restriction does not affect the City of Oxford’s police or planning jurisdiction.

  • A municipality that was not located wholly or partly in Etowah County before January 1, 1986, may not annex territory in Etowah County without approval by voters in the territory proposed for annexation, subject to the stated exception for municipalities incorporated later that lie entirely within Etowah County.

  • Property within the Canoe Landmark District in Escambia County may not be annexed into any municipality by local law, except for a municipality incorporated after ratification that includes part of the district.

  • A municipality that was not located wholly or partly in Marshall County before January 1, 1986, may not annex any territory within Marshall County without approval by the county electorate or unanimous approval by the Marshall County Commission, subject to stated exceptions. (annex any territory within Marshall County)

  • A municipality that was not located wholly or partly in St. Clair County before January 1, 1985, may not annex territory in St. Clair County without approval by the county electorate. (shall not annex any territory within St. Clair County)

  • In Tallapoosa County, a fire-protection or emergency-medical-services district may impose a service charge on each dwelling and commercial building, but the charge requires approval by a majority of voters residing in the proposed district. (each dwelling and commercial building)

  • Talladega County may establish fire-protection districts with mandatory annual dues, with the Legislature authorized to provide for the districts’ operation and collection of those dues. (mandatory annual dues)

  • Additional fire-protection property taxes are imposed or authorized in several counties: three mills in Marion, Monroe, Perry, Pickens, and Sumter Counties; two mills in Randolph and St. Clair Counties; and up to five mills in unincorporated Montgomery County after voter approval. (three mills)

  • In Limestone County, a fire-protection tax in an affected district or area requires approval by a majority of voting qualified electors there, and the county may adopt a fire-protection code enforceable through criminal penalties of up to a Class A misdemeanor. (adopt, amend and repeal regulations)

  • Talladega County may levy, without requiring an election under the cited amendment, a special school tax of up to 0.3% of taxable property and a separate road-and-bridge tax of up to 0.2%.

  • Lawrence, Limestone, and Morgan Counties may each levy up to three mills for general health purposes, subject to approval by majorities in all three counties. (special tax up to 3 mills)

  • Morgan County may levy up to five mills for library services, subject to voter approval specifying the tax’s purpose and duration. (not exceeding 5 mills)

  • Limestone County imposes additional sales and use taxes, including a 1% tax on retail sales and use and a 0.5% rate for specified machinery and agricultural equipment, along with other specified rates. (one percent of the gross proceeds)

  • In Walker County, the county and municipalities may not use the constitutional economic-development powers until a majority of county voters approves granting that authority.

  • Carbon Hill may not undertake an economic-development project under its amendment unless a majority of the municipality’s qualified electors approves the proposition, after notice is published for at least three consecutive weeks.

  • Haleyville and Double Springs may not undertake economic-development projects under their amendment unless a majority of the respective municipality’s qualified electors approves the proposition, after notice is published for at least three consecutive weeks.

  • Addison and Lynn may not undertake economic-development projects under their amendment unless a majority of the respective municipality’s qualified electors approves the proposition, after notice is published for at least three consecutive weeks.

  • Under Tuscaloosa County’s economic-development authority, a municipality may not acquire real property in an unincorporated area without the county governing body’s prior consent, or acquire property in another county or municipality without that jurisdiction’s prior consent.

  • A Tuscaloosa County municipality selling economic-development property for less than its actual purchase and development cost must approve the sale at a public meeting, publish specified property and pricing information at least 14 days beforehand, and sell for no less than the advertised price.

  • A Tuscaloosa County fire-protection or garbage-disposal district requires approval by qualified electors in the proposed district unless otherwise authorized by the applicable statutory procedure. Service charges may be imposed on persons and property receiving or having access to the services, and the charges become liens on the property.

  • Washington County imposes a two-mill fire-protection tax on affected real and personal property, collected in the same manner as ad valorem taxes and paid into the county general fund for fire protection.

Benefits & exceptionsHide benefits & exceptions32
  • Economic-development authorities in several counties and municipalities, including Autauga, Barbour, Bibb, and Clarke Counties, may acquire, construct, lease, improve, and convey land, buildings, plants, facilities, machinery, and equipment for industrial or commercial development. They may also grant public funds or credit, issue bonds, create public authorities, and in some cases levy special taxes, generally subject to voter approval, public notice, or both.

  • In Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa Counties, counties and municipalities may acquire and improve industrial sites or parks, including roads, drainage, sewers, waste-disposal systems, parking, and utilities, and lease or convey them for industrial, transportation, distribution, warehouse, research, or related office facilities. The authority excludes residential buildings and is subject to publication, pricing, eminent-domain, and intergovernmental-consent limits.

  • Baldwin County and its municipalities may use public funds to acquire and develop industrial sites and parks with grading, roads, drainage, sewers, sewage and waste-disposal systems, parking, and utilities, and convey them to industrial, commercial, research, or service facilities. Aid to a private entity requires a public-purpose resolution at a public meeting and newspaper notice at least seven days beforehand.

  • Baldwin County may provide or support public roads, street lights, storm-water management, water development and distribution, public buildings, parking, transportation, economic-development projects, and building, plumbing, and electrical codes. The authority generally does not permit new county taxes, and services inside municipalities usually require a contract.

  • Etowah County and municipalities located there may, without an election, acquire, construct, lease, or convey industrial and commercial property and facilities; grant public funds or credit; issue debt; and create or use public authorities, corporations, agencies, or boards. Obligations for these activities are excluded from constitutional borrowing-capacity calculations, and the county, municipalities, and delegated entities are exempt from Sections 93 and 94 for these activities.

  • The City of Anniston may acquire and develop industrial parks using public money, including water, sewage, drainage, transportation, power, communications, and related structures or buildings. Sales of industrial-park property must be at reasonable market value supported by appraisals from at least two independent appraisers, and projects require recommendation by the industrial development board, city-ordinance approval, and published notice.

  • The City of Jackson may establish a public port authority to acquire, construct, own, lease, and operate industrial and manufacturing sites, buildings, utilities, roads, bridges, water, electrical, gas, drainage, sewage, and waste-disposal facilities. The authority may use eminent domain and issue revenue bonds secured by project revenues; its obligations are not city debt, and its property and bonds are tax-exempt, although lessees and concessionaires remain taxable.

  • Reservoir-management authorities in Conecuh and Fayette Counties may develop and manage water supplies, dams, reservoirs, industrial projects, flood-control and irrigation facilities, and related improvements. They may acquire land by purchase, lease, condemnation, or otherwise; issue revenue bonds; set rates and fees; receive public contributions; levy specified taxes if authorized by law; and exercise zoning powers within the management area.

  • A Franklin County water-coordinating and fire-prevention authority may obtain, treat, and furnish water, provide sewer services and broadband Internet service for residential, commercial, or industrial purposes, set rates, use eminent domain, issue bonds that are not county debt, and extend service into other counties.

  • In Baldwin County, wastewater utilities may be regulated through uniform design, construction, operation, maintenance, and rate standards. Mandatory wastewater connections may be authorized where service is reasonably available, a regulatory fee of up to five percent of specified wastewater revenues may be imposed, and eminent domain may be authorized for wastewater facilities.

  • Lee County and the City of Opelika may use public funds to acquire and develop industrial sites, convey them for industrial, commercial, research, or service facilities, and lend credit or grant public funds or things of value for economic development. Private assistance requires a public-purpose resolution at a public meeting and newspaper notice at least seven days beforehand.

  • Montgomery County and the City of Montgomery may use public funds to acquire, improve, and develop industrial sites, convey them for industrial, commercial, research, or service facilities, and grant public funds or things of value for economic development. Private assistance requires a public-purpose resolution and newspaper notice at least seven days before the approving meeting.

  • Russell County and its municipalities may acquire and improve industrial sites, provide roads, drainage, sewers, waste-disposal systems, parking, and utilities, convey sites for industrial, commercial, research, or service facilities, and lend credit or grant public funds for economic development. Private assistance requires a public-purpose resolution and at least seven days' newspaper notice.

  • Marengo County and municipalities located wholly within it may, without an election, acquire, develop, and convey property for economic development, grant public funds or credit, issue bonds or other obligations up to 50 percent of assessed taxable property, and create public authorities or corporations. Special or local acts under this authority are not subject to Section 106.

  • The City of Hartselle may develop commercial projects and related roads, parking, water, natural-gas, sewer, storm-water, and drainage infrastructure, and issue special or limited obligation securities without an election. The securities must be payable solely from specified incremental municipal sales-and-use-tax revenues and are not treated as city debt under constitutional debt limits.

  • Madison County and the City of Huntsville may acquire, construct, lease, sell, and finance industrial, commercial, and agricultural projects. Except for bonds financing industrial-site acquisition, bonds generally require voter approval, must stay within a 20-percent assessed-value limit, and generally require lease or similar revenues sufficient to pay debt service.

  • Lawrence County municipalities located entirely outside the county may not impose municipal taxes, zoning, planning, sanitation, inspection, or other ordinances or regulations in their police jurisdictions within Lawrence County, and may not provide regulatory, police, or fire-protection services there except for public-safety mutual aid.

  • In Lee, Limestone, and Madison Counties, specified municipal police-jurisdiction, planning, and zoning powers are limited to municipal corporate limits, preventing affected municipalities from extending those regulatory powers into surrounding county areas. The Lee County provision excludes Notasulga, and its planning-and-zoning restriction had a stated expiration date.

  • Shelby County may provide or regulate water, sanitary sewer, storm-water systems, public roads, fire protection, emergency services, public buildings, parking, and economic-development projects, and may employ a county manager and professional staff. County debt, including debt for special districts, may not exceed 10 percent of assessed taxable property.

  • Local public-service districts may be created in Shelby County for fire protection, water, sewage, garbage and solid-waste services, emergency medical services, and related services. The districts may charge rates and fees and issue bonds that are not county obligations and do not count against the county debt limit.

  • A Marion County public water authority may obtain, treat, and furnish water, extend service into other counties, provide fire-protection facilities or services, charge rates and fees, use eminent domain as constitutionally authorized, and issue bonds that are not obligations of Marion County or chargeable against its debt limit.

  • Tuscaloosa County and its municipalities may acquire and develop industrial sites by grading land and constructing roads, drainage, sewers, waste-disposal systems, parking areas, and utilities, and may lease, sell, grant, exchange, or otherwise convey those projects for industrial, transportation, distribution, warehouse, research, or related office facilities. Below-cost sales require public approval and advance newspaper notice, and residential buildings are excluded.

  • Tuscaloosa County's specified economic-development powers are exempt from constitutional restrictions in Sections 93 and 94.

  • Walker County and municipalities located wholly within it may acquire and improve industrial sites with roads, drainage, sewers, waste-disposal systems, parking, and utilities, and convey them for industrial, transportation, distribution, warehouse, research, or related office facilities. They may also grant public funds to industrial development boards, public corporations, or authorities, but countywide voter approval is required before these powers may be used.

  • Carbon Hill and municipalities covered by the Haleyville/Double Springs and Addison/Lynn amendments may acquire, construct, lease, sell, or convey real property, buildings, facilities, machinery, and equipment for local industrial, commercial, or agricultural development. Each project requires approval by a majority of the municipality's qualified electors after advance publication of the election notice.

  • The municipalities covered by the Carbon Hill, Haleyville/Double Springs, and Addison/Lynn economic-development amendments may incur debt up to 50 percent of assessed taxable property, impose special taxes up to two percent of taxable property, and pledge tax, rental, or sale proceeds to repay bonds or other obligations.

  • The municipalities covered by the Carbon Hill, Haleyville/Double Springs, and Addison/Lynn amendments may create public authorities or corporations and delegate economic-development powers to them.

  • The Washington County Port Authority may acquire, construct, own, lease, and operate commercial buildings, industrial and manufacturing sites, water and electrical systems, roads, bridges, drainage and sewage facilities, and other infrastructure. It may acquire land, easements, rights-of-way, and related property interests and exercise eminent domain under the specified state statute.

  • The Washington County Port Authority may borrow money, issue bonds, pledge project revenues, and lend bond proceeds to users for facilities, improvements, refinancing, or working capital. Its bonds are limited obligations payable from specified revenues and do not create state, county, or municipal debt.

  • The Washington County Port Authority, its property and income, and its bonds and bond income are exempt from Alabama taxation, but the exemption does not apply to taxes imposed on concessionaires or lessees.

  • Washington County and its municipalities may lease, sell, donate, or convey property to the Port Authority without an election and may covenant not to operate competing facilities while the authority's bonds or other obligations remain outstanding.

  • A Winston County water-coordinating and fire-prevention authority may provide water service, set and collect rates and fees, acquire property by eminent domain, issue bonds that are not county debt, extend service into other counties, and provide fire-protection facilities or services.

Sources

Data provided by Regbase · Cookie preferences · Report missing data