Alabama Attorney General Opinion 1979-0047

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 36130 [LOGO] CHARLES A. GRADDICK ATTORNEY GENERAL January 19, 1979 79-00047 File #40 FORM Mr. Tom Young District Attorney, Randolph County c/o Deputy District Attorney Wedowee, Alabama 36278 Roads - County not authorized to perform work on private roads. Opinion by Assistant Attorney General Lurie Dear Sir: Your request of January 11, 1979 is stated as follows: "Please advise me as to your interpretation of the definition of a private versus public road in regards to the performance of road work by the county road crews. I need to know the distinction between a public and private road and under what circumstances, if any, county road crews could perform work on private property to include private driveways or roads." The definitions of 'private' and 'public' roads as found in Corpus Juris Secundum and Words and Phrases are myriad. They are based, for the most part, on the purpose and use of the roadway. It is impossible to define these types of roads without the background information as to the use. It is assumed, for the purpose of response to your request, that you have reference to 'private' roads as provided for in Code of Alabama 1975, §23-1-130 wherein the person seeking to establish District Attorney Randolph County January 19, 1979 Page Two such a road is required to keep it in repair. It is also assumed that your reference to work on private property for constructing or repairing driveways or roads does not relate to the above-cited statutory provision. There is no provision of law which authorizes the county governing body to spend public funds for such private use as under consideration here. Any and all opinions previously issued by the Office of the Attorney General which are contrary to the expressions hereinabove recited are hereby superseded. It is hoped that the above conclusions of this office will be of assistance to you in the performance of your duty. Yours very truly, CHARLES A. GRADDICK Attorney General RGL:cd