Alabama Attorney General Opinion 1979-0158

LCLLHAL4 OEVIMAEIORNEYGENERAL WILIA4MMARKURs.JR EXECUTIVE ASSISTANT WALTLRS.TUNNER CHIC!' ASSISTANT ATTORNEY GENERAL JAMIE NORLES AOMINeSTRATIVL ASSISTANT t/ VEM IFEY l( i 49 • Iv NfjeinS* CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA April 26, 1979 OFFICE OF THE ATTORNEY GENERAL 99_ 0015E ADMINI IVE BUILDING 64 Nolen. UNION MONTGOMERY. ALABAMA 36130 AREA (2051. 34-1150 Honorable John H. Armstrong Probate Judge and Chairman Washington County Commission Washington County Courthouse Chatom, Alabama 36518 Washington County-Private Roads-Local Laws Local law authorizing use of county road equipment for pri- vate and public roadway work discussed. Dear Judge Armstrong: Your request of February 14, 1979, pertaining to con- struction and repair of certain roads in Washington County, has been received. You presented the following questions: "1. Would it be legally permissible for the Washington County Commission to operate under the provisions of Act number 257 of the 1978 Legislature, a copy of which is attached hereto, and thereby expend public funds for the construction and maintenance of private roads and driveways leading from a public road to the residence of an abutting land owner but not to exceed a distance of one-fourth mile from a public road to such residence? "2. Is it legally permissible for the Washington County Commission to per- form grade work and road maintenance end Honorable John H. Armstrong April 26, 1979 Page Two construction including the furnishing of labor, materials, and equipment for such maintenance and construction on public school driveways in Washington County, Alabama, when such driveway is owned by either the Washington County Board of Education or the State of Alabama, and used for public school purposes." There have been numerous requests of like nature received by this office and we have addressed your first question in an opinion to the Perry County Commission which would be equally applicable to Washington County. A copy of that opinion is enclosed for your guidance. You are further advised that it is the opinion of this office in response to your second inquiry that it is legally permissible for the Washington County Commission to perform the road work for the driveways on public school property. That such'service is on public roadways and for the public interest does not contravene any pro- vision of the Constitution of Alabama nor any statutes regulating the use of such equipment of materials. The above conclusions, together with enclosed opinion, should clarify any problems you may have in this regard. Sincerely, CHARLES A. GRADDICK Attorney General By e c/ RANDOLPH 6. LURIE Assistant Attorney General RGL:cd