Could a Louisiana parish install culverts for private landowners in public rights of way if they repaid the cost?

Plain-English summary

Jefferson Davis Parish had let private contractors install landowners' culverts in public rights of way, but that process left continuing drainage problems. In 2005, the Attorney General concluded that the police jury could perform installations itself under cooperative agreements if landowners reimbursed its actual costs. The parish's authority over public streets and drainage supplied a legal basis, and a more uniform drainage system served a public purpose.

The cost condition mattered. The AG said the parish could not install culverts free or at a nominal or reduced rate, because a cooperative endeavor did not erase the constitutional ban on donating public funds. It applied three requirements: lawful authority to spend, a public purpose, and expenditure proportionate to public benefit. Actual-cost reimbursement satisfied the last condition for the described arrangement.

Currency note

This opinion was issued in 2005. 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.

What this means for you

Parish police juries and public works departments

The opinion permits the police jury to install culverts in public rights of way through cooperative agreements that address parish drainage. It requires the landowner to reimburse the parish's actual installation costs; the parish cannot provide the work free or at a reduced rate.

Landowners seeking a culvert

The opinion describes a parish-run installation as an alternative to hiring a private contractor after obtaining a parish permit. Its conclusion applies to culverts in public rights of way and requires actual-cost reimbursement.

Common questions

Could parish workers install culverts requested by private owners?

The AG said yes in public rights of way under a cooperative arrangement, because the parish had authority over its public roads and a public interest in proper drainage.

Could the parish charge less than installation cost?

No. The opinion required the landowner to reimburse actual costs and rejected free, nominal, or reduced-price installation as an improper donation of public resources.

Did the agreement itself bypass the public-funds restriction?

No. The AG read the cooperative-endeavor clause together with the no-donation clause and required the parish to satisfy both.

Background and statutory framework

La. R.S. 33:1236 supplied the police jury's authority over streets, public places, and general welfare. La. Const. Art. VII, Sec. 14(A) & (C) supplied the public-funds prohibition and cooperative-endeavor permission. The AG applied both to installations within public rights of way that would address parish-wide drainage problems.

Citations

• La. Const. Art. VII, Sec. 14(A) & (C) (public funds and cooperative endeavors).
• La. R.S. 33:1236 (parish public-works authority).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0153

Original opinion text

November 16, 2005
OPINION NUMBER 05-0153

Honorable Michael C. Cassidy
90 Police Juries – Powers and Functions
District Attorney
90-A-2 Public Funds – Loan, Pledge, or Grant
La. Const. Art. VII, Sec. 14(A) & (C)
31st Judicial District Court
La. R.S. 33:1236
P.O. Box 1388
Police Jury can enter into a cooperative endeavors with a private
landowners to install culverts in public right-of-ways if the police
Jennings, LA 70546
jury is reimbursed for its actual costs of installation.

Dear Mr. Cassidy,

You have requested an opinion from this office as to whether the Jefferson Davis Parish Police Jury can install culverts in public right-of-ways for the benefit of private landowners, if the police jury is reimbursed for the cost of the installation. We believe the police jury can perform these installations by entering into a cooperative endeavor with the private landowners and recouping its costs.

Currently, if a private landowner wants culverts installed in a public right-of-way, the landowner must obtain a permit from the police jury. Police Jury personnel then examine the site and recommend the grade and size of culverts to be used, and the private landowner hires a contractor to perform the installation. This process is not working adequately and has resulted in continuing drainage problems within the parish. Thus the question as to whether the police jury can install the culverts.

In order to address your question, we refer you to La. Const. Art. VII, Sec. 14(A) and (C), which provide, in pertinent part, as follows:

Section 14.(A) Prohibited Uses. Except as otherwise provided by this constitution, the funds, credit, property, or things of value of the state or of any political subdivision shall not be loaned, pledged, or donated to or for any person, association, or corporation, public or private.

C) Cooperative Endeavors. For a public purpose, the state and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation, or individual.

Paragraph (A) contains the general prohibition against the donation of public funds, and paragraph (C) authorizes the state and its political subdivisions to engage in cooperative endeavors (agreements) with any public or private

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Michael C. Cassidy
OPINION NUMBER 05-0153
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association, corporation or individual, for a public purpose. The authorization contained in Paragraph (C) does not, however, exempt the state or political subdivisions from the prohibition against donating public funds contained in paragraph (A).1 These provisions authorize the police jury to enter into cooperative endeavors with private landowners, provided the agreements are for a public purpose and the police jury does not give away or “donate” public funds.

This office has consistently opined that in order to be constitutionally-sanctioned, a cooperative endeavor must meet the following three requirements: 1) The entity must have a legal obligation to expend public funds; 2) The agreement must be for a public purpose; and 3) The cost must be proportionate to the public benefit.2 If the police jury wants to enter into a cooperative endeavors with private landowners to install culverts, the agreements must meet these three requirements.

First, with regard to its legal obligation, the police jury is authorized by statute to regulate and control its streets and other public places, and to provide for the general welfare of its citizens.3 Installing and maintaining culverts is included within this authorization, and the requirement is met.

Second, the agreement must be for a public purpose, or the expenditure of public funds must serve a public purpose. In this instance, the public purpose is to avoid continuing drainage problems within the parish and to provide a better and more uniform drainage system for the parish. The second requirement is met.

Third, the costs expended must be proportionate to the benefit received. The police jury may not install the culverts for private landowners free of charge or at a nominal or reduced rate. The police jury must receive reimbursement for its actual costs in installing the culverts.

In summary, we believe that as long as the police jury is reimbursed by private landowners for the actual costs of its installation of the culverts, the police jury may enter into a valid cooperative endeavors with private landowners for the installation of culverts in public right-of-ways.

We trust this adequately addresses your request. If you have any further questions, please contact our office.

1
City of Port Allen v. La. Risk Management, 439 So.2d 399 (La. 1983) 2 See Atty. Gen. Op. Nos. 05-122, 04-112, 93-787, 93-164, and 92-722 3 La. R.S. 33:1236

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Michael C. Cassidy
OPINION NUMBER 05-0153
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Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______
DENISE B. FITZGERALD
Assistant Attorney General

CCF, JR.:dbf

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Michael C. Cassidy
OPINION NUMBER 05-0153
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OPINION NUMBER 05-0153

90 Police Juries – Powers and Functions

90-A-2 Public Funds – Loan, Pledge, or Grant

La. Const. Art. VII, Sec. 14(A) & (C)
La. R.S. 33:1236

Police Jury can enter into a cooperative endeavors with a private landowners to install culverts in public right-of-ways if the police jury is reimbursed for its actual costs of installation.

Honorable Michael C. Cassidy
District Attorney
31st Judicial District Court
P.O. Box 1388
Jennings, LA 70546

DATE RECEIVED:
DATE RELEASED: November 16, 2005

DENISE B. FITZGERALD,
ASSISTANT ATTORNEY GENERAL