Alabama Attorney General Opinion 1979-0118

CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA OFFICE OF THE ATTORNEY GENERAL 11- Do lig _;3tseql LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. SEKURS, JR . EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOOLES ADMINISTRATIVE ASSISTANT April 26, 1979 ADMINISTRATIVE BUILDING 54 NORTH UNION MONTGOMERY. AAAAA MA 21130 AREA nos), 113441110 Honorable Jimmy Byars Judge of Probate Franklin County P. 0. Box 70 Russellville, Alabama 35653 Dear Mr. Byars: By letter of March 2, 1979 you asked this office whether Act No. 419 of the 1978 Session of the Alabama Legislature authorizes the State Highway Department to use county road funds to maintain mail routes, school bus routes and church and public cemetery roads in Franklin County when such roads are on private property. Implicit in your request is the question of whether your local law permitting work on private property is con- stitutional. In an opinion to the Honorable Tom Young, District Attorney of Randolph County, dated January 19, 1979 this office expressed the opinion that, in the absence of a local law, the county was not authorized to perform work on private roads. In a more recent opinion to the Perry County Commission we have discussed the constitutionality of local laws which purport to permit the county to perform work on private roads. Copies of those opinions are enclosed for your information. In particular, the discussion of the Perry County law is applicable to your law and it does not seem necessary that this office issue a further opinion specifically addressing your law. One distinction to be considered between your law and the Perry County law is that your law merely authorizes the State Highway Department to perform certain work. It does not require the Highway Department to perform that work. Since we do not have any indication at this time that the Highway Department wishes to perform the work authorized in Honorable Jimmy Byars April 26, 1979 Page Two that law, your question is purely hypothetical and any opinion that we might issue would be unnecessary. I hope that this letter and the enclosed opinions will provide sufficient guidance for you. Sincerely, CHARLES A. GRADDICK Attorney .General By- WILLIAM T. S PHENS Assistant Attorney General WTS:bb Enclosures