Could a Louisiana parish pay to repair a private road because a school bus used it?

Plain-English summary

A Louisiana legislator asked whether the Beauregard Parish Police Jury could maintain a privately owned road used by a school bus to pick up one student. In 2000, the attorney general's office concluded that the parish could not use public funds to repair or maintain this road because the owners appeared to be its primary beneficiaries and the public benefit incidental.

The opinion distinguished the separate power to gravel a school-bus turnaround under La. R. S. 33:1236(2)(b). It also discussed La. R. S. 48:491, under which sustained parish maintenance with landowner knowledge could cause a road to be deemed public. It left consideration of that statutory option to the police jury rather than treating the road in the request as already public.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Parish police juries at the time

The office treated repair of this private road as an impermissible use of public funds on the described facts. It identified separate statutory provisions for bus turnarounds and for roads that may be deemed public after sustained maintenance.

Private road owners at the time

The opinion said the owners appeared to receive the primary benefit of the proposed repairs. The existence of one school-bus stop on the road did not change its conclusion for this road.

Common questions

Q: Did school-bus use make the private road eligible for parish repairs?
A: Not on the facts described. The opinion found that the private owners would primarily benefit and said public funds could not be used for its maintenance or repair.

Q: Could the parish still gravel a school-bus turnaround?
A: The opinion said La. R. S. 33:1236(2)(b) authorized graveling of a school-bus turnaround under the statute's terms.

Q: Was this road already public because the parish might maintain it?
A: The opinion did not say so. It discussed La. R. S. 48:491's three-year maintenance rule and landowner knowledge, then recommended that the police jury weigh its options.

Background and statutory framework

The office read La. R. S. 33:1236's road powers in light of Article 7, Section 14 of the Louisiana Constitution, which barred donations of public value. It said the private versus public benefit determined whether the repair would be a forbidden donation. It also discussed the separate turnaround provision in La. R. S. 33:1236(2)(b) and the deemed-public-road rule in La. R. S. 48:491.

Citations and references

• La. R. S. 33:1236(2)(a) (parish road work)
• La. R. S. 33:1236(2)(b) (school-bus turnarounds)
• La. R. S. 48:491 (maintenance of roads deemed public)
• Article 7, Section 14 of the Louisiana Constitution (public-funds restriction)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0347

Original opinion text

November 15, 2000
OPINION NUMBER 00-347

50 HIGHWAY - ROADS
90 POLICE JURY - POWERS AND FUNCTIONS
Mr. Herman Ray Hill 2 PUBLIC FUNDS - LOAN, PLEDGE OR
State Representative
GRANTS
District 32
Article 7, Section 14
529 Tramel Road
La. R.S. 33:1236
Dry Creek, Louisiana 70637
Beauregard Parish Police Jury may not use public funds to maintain or repair a privately owned road.
Dear Representative Hill:

We received your request for an opinion regarding the authority of the Beauregard Parish Police Jury to maintain a privately owned road within the parish, which is used as a parish school bus route. Your request indicates that this road runs off of a state highway. A Beauregard Parish school bus driver lives on the road and picks up one student who also lives on the road. The parish is considering using public funds to maintain the road.

Because your request questions the use of public funds, it must be addressed in light of Article 7, Section 14 of the Louisiana Constitution, which prohibits the donation of funds, credit, property, or things of value of the state or any of its political subdivisions to or for any person, association, or corporation. The jurisprudence indicates that Article 7, Section 14 (A) is violated whenever the state or one of its political subdivisions seeks to give up something of value when it is under no obligation to do so. City of Port Allen v. Louisiana Municipal Risk Agency, 439 So.2d 399 (La. 1983).

The powers of police juries are defined by the legislature and our jurisprudence establishes that police juries have no powers other than those specifically delegated to them. La. R. S. 33:1236 provides as follows:

The police juries and other parish governing authorities shall have the following powers:
…

(2)(a) To regulate the proportion and direction, the making and repairing of the roads, bridges, causeways, dykes, dams, levees and highways when, in the opinion of the police jury, such work will further the best interests of the parish and parish road system;

(b) To provide for the graveling of school bus turnarounds when requested to do so by the parish school board, without the

Page 2

Representative Herman R. Hill
OPINION 00-347
Page 2

necessity of the parish school board furnishing materials or contributing funds to the police jury for such purpose if it is determined by the police jury to be in the best interest of the parish and the parish road system. Provided, however, that nothing herein shall prohibit parish school boards from providing gravel or contributing funds to the local governing authority for the graveling of school bus turnarounds; and in addition, . . .

Although La. R. S. 33:1236(2)(a) authorizes police juries to repair roads when such repair furthers the best interest of the parish road system, our office has consistently opined that police juries may not use parish funds or equipment to repair or improve private roads or driveways. See Attorney General Opinion 00-149 and the opinions cited therein. As noted in these prior opinions, the authority granted to police juries in La. R. S. 33:1236(2)(a) must be considered in light of Article 7, Section 14(A) of the Louisiana Constitution. The inquiry then becomes a balancing test of public and private benefit. That is, if the repair and/or maintenance of the private road primarily benefits the individual property owners and the benefits to the public are merely incidental, the expenditure constitutes a donation of public funds, which is expressly prohibited by the Louisiana Constitution.

La. R. S. 48:491 provides that all roads and streets in this state which are maintained by a parish governing authority for a period of three years are deemed public roads or streets if there is actual or constructive knowledge of such maintenance by the adjoining landowners. Actual or constructive knowledge is presumed if the governing authority notifies the adjoining landowners, by registered or certified mail, return receipt requested, prior to or during the work. Again, the police jury will have to balance the public versus private benefit as discussed above.
Also, the landowners may discontinue the maintenance by the police jury prior to the three-year period outlined in the statute. If so, the road remains privately owned. We recommend that the police jury discuss and weigh its options.

In this instance, it appears that the individuals who own this road would be the primary beneficiaries of any repair and/or maintenance performed by the police jury to the road. As such, it is our opinion that the Beauregard Parish Police Jury may not use public funds to maintain or repair it. However, please note that the police jury may consider La. R. S. 48:491. The police jury is authorized to provide for the graveling of a school bus turnaround as provided in Louisiana Revised Statute 33:1236(2)(b).

We trust that this adequately responds to your request. If you should have any questions or comments, please do not hesitate to contact our office.

With kindest regards,

Page 3

Representative Herman R. Hill
OPINION 00-347
Page 3

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ____
TINA VICARI GRANT
ASSISTANT ATTORNEY GENERAL

RPI/TVG/crt

Page 4

Representative Herman R. Hill
OPINION 00-347
Page 4

OPINION NUMBER 00-347

SYLLABUS
50 HIGHWAY - ROADS
90 POLICE JURY - POWERS AND FUNCTIONS
2 PUBLIC FUNDS - LOAN, PLEDGE OR GRANTS

Article 7, Section 14
La. R.S. 33:1236

Beauregard Parish Police Jury may not use public funds to maintain or repair a privately owned road.

Mr. Herman Ray Hill
State Representative
District 32
529 Tramel Road
Dry Creek, Louisiana 70637

DATE RECEIVED: 08/31/00

DATE RELEASED: November 15, 2000

AUTHOR: TINA GRANT
ASSISTANT ATTORNEY GENERAL