Alabama, Arkansas, and Mississippi Sidewalk Law: Two Lien Machines and One State That Skipped the Duty

Alabama and Arkansas both order abutting owners to repair sidewalks and back it with property liens, Arkansas adding a 6% penalty. Mississippi never wrote the owner duty at all. All three statutes, verbatim.

Updated: 2026-09-05

Three neighboring states, and you might expect three copies of the same rule. Instead, two of them built classic owner-pays lien machines with different teeth, and the third, Mississippi, never wrote an owner-repair duty into state law at all.

Alabama: reasonable notice, then a lien

Ala. Code 11-49-2, verbatim: "They shall require the sidewalks to be kept in repair and, if not repaired by the owners of property abutting thereon, upon reasonable notice, to be determined by the council in the manner to be provided by ordinance, they may be repaired by the municipality at the owner's expense, and the amount expended therefor shall be a lien upon the property, which, with interest, may be collected as taxes or assessments are collected."

One sentence, the whole machine: duty, notice, city-does-it, lien, collected like taxes. Note that "reasonable notice" is deliberately undefined; the statute hands the day-count to each city council's ordinance, so the deadline in Birmingham and the deadline in Mobile are local questions. This section has been on Alabama's books in recognizable form since the 1907 code.

Arkansas: the same machine, with a 6% penalty bolted on

A.C.A. 14-301-106 lets first-class cities "compel the owners of any property abutting its streets or public squares to build, rebuild, maintain, and repair foot pavements or sidewalk improvements, curbing, and guttering," down to designating "the kind of material to be used, the specifications to be followed, and the time within which such improvement is required to be completed." A parallel section (14-301-107) covers towns and second-class cities.

Fail to comply and the city, "after giving reasonable notice to the owner," contracts the work out on "the best terms that can be made." Then the distinctive Arkansas touch: "the amount so paid by the cities, together with a six percent (6%) penalty added thereto, shall constitute a charge against the owner of the property and shall be a lien on the property from the date of the commencement of the work," enforceable by suit or foreclosure like an improvement-district lien. Arkansas is the only state in our database that writes a fixed percentage penalty into the sidewalk statute itself.

Mississippi: the duty that is not there

We walked every section title in Miss. Code Title 21, Chapters 37 and 41, looking for the owner-duty statute, and can report a verified negative: it does not exist. What Mississippi wrote instead is municipal power. Sec. 21-37-5: "The governing authorities of municipalities shall have the power to cause sidewalks to be constructed and maintained, to determine the material, plans, specifications and grades of the same, and to levy and collect taxes, by special assessment, for the payment of the same."

The cost machinery lives in the Special Improvements chapter (21-41-1 through 21-41-53), where sidewalks are one line item among streets and sewers in the same assessment-roll and objection-hearing process. No personal repair duty, no notice-then-lien trigger, no deadline. In Mississippi, like Kentucky and Virginia, an owner-pays sidewalk demand has to trace to a city's own ordinance or a properly noticed special assessment, not to a state-code duty.

What to do

  1. Alabama and Arkansas: ask for the ordinance behind the notice. Both statutes delegate the deadline to local ordinance. The notice should cite it; the ordinance tells you the real clock.
  2. Arkansas: the 6% penalty makes self-repair the bargain. The city's contracted price plus six percent, secured by a foreclosable lien, is nearly always worse than your own contractor inside the deadline.
  3. Mississippi: check which process you are actually in. A special assessment under Chapter 41 comes with an assessment roll and an objection hearing, and that hearing is your forum. A demand letter with no assessment process behind it needs a city ordinance citation to stand on.

Sources: Ala. Code 11-49-2 (OneCLE mirror, disclosed per our methodology; Alabama's official code portal does not serve statute text to non-browser clients and Justia's Alabama pages were unreachable), A.C.A. 14-301-106, and Miss. Code 21-37-5 with 21-41-3 (via Justia's code archive, disclosed per our methodology). City rules live in the complete city guide.