Could Franklin Parish use public funds to repair a VFW driveway serving a polling place and council on aging?

Plain-English summary

The Franklin Parish Police Jury was asked to improve a broken driveway on Veterans of Foreign Wars property. The building was leased to a Council on Aging and used as a polling place, making the damaged access difficult for older residents and voters. The AG said expenditure of public funds on the privately owned driveway would be subject to challenge under Article VII, Section 14 of the Louisiana Constitution. It cited the rule against giving up public value without legal obligation and several earlier opinions refusing public work on private property. The opinion framed the result as exposure to constitutional challenge, not as a finding that this particular expenditure had already been struck down.

Currency note

This opinion was issued in 2002. 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.

Common questions

Did use as a polling place remove the AG’s concern?
No. The AG said the expenditure was subject to constitutional challenge even though the property served as a polling place.

Did the council on aging’s use change the answer?
No. The opinion identified that use but still warned that public spending on the private driveway was subject to challenge.

Did the opinion suggest another polling-place option?
It cited an earlier opinion explaining that, if suitable access could not be found in the district, a police jury could select a suitable building in the nearest precinct.

Background and statutory framework

The opinion applied La. Const. Art. VII, Sec. 14 and cited City of Port Allen v. Louisiana Municipal Risk Agency for the rule against giving up public value without legal obligation. It reviewed earlier AG opinions about shells, blacktop, and polling places on property the parish did not own.

Citations and references

• The statutes, cases, and prior opinions discussed appear in the reproduced opinion below.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0072

Original opinion text

One American Place,
301 Mare Street, Suite 600
DEPARTMENT OF JUSTICE
P.O Box q400~
CIVIl. DIVISION
TEL (22~ ~42-701~
FAX t225) 342-2090
BATON ROUGE
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

MAR 14 ZOO2
Opinion Number 02-0072

90-A-2 - PUBLIC FUNDS, LOAN, PLEDGE OR GRANTS
Mr. David P. Doughty
90 - POLICE JURIES - Powers & Functions
Assistant District Attorney La. Const. Art. VII, Sec. 14

Fifth Judicial District
The expenditure of public funds to improve private property, even
P. O. Box 857
if said property is utilized both by a Council on Aging and by the
Parish as a polling place, is subject to constitutional challenge Rayville, Louisiana 71269 under the provisions of La. Const. Art. VII, Sec. 14.

Dear Mr. Doughty:

This office is in receipt of your request for an Attorney General’s opinion regarding the legality of the Franklin Parish Police Jury doing work on a private driveway owned by the Veterans of Foreign Wars, Post 3155. The building on the premises is leased by the Veterans of Foreign Wars to the Council on Aging, and it is also used at election time by the voters in Precinct 5, Ward 5 of Franklin Parish. Apparently, the driveway contains broken concrete, which makes it difficult for elderly citizens who go to the Council on Aging, or who must vote in the building.

Please be advised that it is the opinion of this office that the expenditure of public funds to improve private property, even if said property is utilized both by a Council on Aging and by the Parish as a polling place, is subject to constitutional challenge under the provisions of La. Const. Art. VII, Sec. 14. That constitutional provision generally prohibits the state and it’s political subdivisions from loaning, pledging or donating public funds, credit, property or things of value to or for any person, association or corporation, public or private.

Art. VII, Sec 14 has been interpreted by the Louisiana Supreme Court in City of Port Allen v. Louisiana Municipal Risk Agency, 439 So. 2d 399 (La. 1983), which held that this constitutional provision is violated whenever the state or a political subdivision seeks to give up something of value when it is under no legal obligation to do so. In City of Port Allen, supra, the Court stated: "...even if political subdivisions cooperate for a public purpose, they still may not give away their assets to other political subdivisions, the United States government or public or private associations or corporations or to individuals merely for a ’public purpose’."

We also call your attention to certain previous opinions of this office, which provide guidance in addressing your question.

Attorney General’s Opinion No. 78-227 determined that a police jury may not place shells on private property even if the property is used for a worthwhile public purpose, in

Page 2

Opinion Number 02-0072
Mr. David P. Doughty
Assistant District Attorney
Fifth Judicial District
Page -2-

that case, the 4-H club’s central loading point. Attorney General’s Opinion No. 79-795 determined that a police jury was prohibited from blacktopping a parking lot on a parcel of land owned by the State of Louisiana but leased to the Veterans of Foreign Wars. Attorney General’s Opinion No. 76-649 stated that the Bienville Parish Police Jury could not use parish equipment or materials to blacktop driveways located on private property. Attorney General’s Opinion No. 78-229 stated that Terrebonne Parish Police Jury could not place shells on property owned by Vanderbilt Catholic High School or on private property where school bus drivers park their buses. Attorney General’s Opinion No. 78- 364 concluded that a Police Jury would be in violation of La. Const. Art. VII, Sec. 14 if it placed shells on a church parking lot.

Also pertinent is Attorney General’s Opinion No. 93-789, which concluded that a Police Jury could not expend public funds for the renovation of a private gymnasium, even though the gymnasium was utilized by the Parish as a polling place, in order to bring the building into compliance with the Americans with Disabilities Act.
The opinion recognized that in accordance with applicable law, if a police jury cannot find a building having proper polling facilities (including suitable access for the disabled) within a district, it can select a location in the nearest precinct where a suitable building can be found.

We trust the foregoing to be of assistance. Should the District Attorney’s Office or the Vernon Parish Police Jury need further assistance, please do not hesitate to contact us.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

JEA~INE-MARIE ZE~ING~IE BARHAM
Assistant Attorn ey’G~ne~’~i"
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