Could Ponchatoula pay to remove a Katrina-felled tree from a private home's roof?

Plain-English summary

After Hurricane Katrina, a Ponchatoula council member told a city debris contractor to remove a fallen tree from the roof of a private home. The mayor asked whether the city could pay for that work. In this 2006 opinion, the Attorney General said the payment was an unlawful donation of public funds unless the city had a legal obligation to remove the tree. It instructed the city to seek reimbursement from the homeowner for the actual removal cost.

The contractor had been hired to clear public spaces. The AG applied the constitutional bar on giving public value away without a legal duty. Its answer depended on whether the city had such an obligation in this particular instance; the opinion did not identify a duty that justified the private-home work.

Currency note

This opinion was issued in 2006. 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

Could the city pay to remove a tree from a private roof merely because it was Katrina debris?

No. The AG made the payment conditional on a legal duty to remove it; without one, the city was giving away public value.

Did the council member's direction to the contractor establish that duty?

The opinion reported the council member's instruction but did not treat it as a legal obligation authorizing the expenditure.

What amount did the AG say the city should try to recover?

The city had to seek reimbursement from the private homeowner for its actual costs of removing the tree.

Did the opinion forbid every city response to storm damage on private property?

No. Its conclusion turned on whether a legal obligation to do the particular work existed. It did not decide every possible disaster-response arrangement.

Background and statutory framework

The AG applied Article VII, Sec. 14(A) of the Louisiana Constitution, which barred donations of public funds. A political subdivision violated that rule, the opinion said, if it gave up value without a legal obligation. The city-funded removal of a private roof tree fell within that rule absent such an obligation.

Citations

• Article VII, Sec. 14(A) of the La. Const. (public-funds donation prohibition).
• Town of Brusly v. WBR Police Jury, 283 So.2d 288 (1 Cir. 1973) (public-value discussion cited by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0452

Original opinion text

May 9, 2006
Opinion Number 05-0452

90-A-2 PUBLIC FUNDS - Loan, Pledge, or Grant

Honorable Robert F. Zabbia
Article VII, Section 14(A) of the La. Constitution
Mayor, City of Ponchatoula
Summary: Unless a legal obligation existed for the Town to
125 West Hickory Street
remove a fallen tree from the roof of a private home, it is an
Ponchatoula, LA 70454
unlawful donation.

Dear Mayor Zabbia:

You have requested an opinion regarding the City of Ponchatoula’s use of public funds to pay for the removal of a tree that fell on a private home during Hurricane Katrina. The City hired a contractor to remove debris from public spaces. While the contractor was performing these services, a city councilman directed him to remove a tree from a private home, thereby causing the removal to be performed at the City’s expense.

Article VII, Sec. 14(A) of the La. Const. contains the prohibition against donating public funds. Generally, political subdivisions are found to have violated this provision if they give up something of value when they are under no legal obligation to do so.1

It is our opinion that unless the City had a legal obligation to remove the tree, it was an unlawful donation2 for the City to pay for its removal.
The City must seek reimbursement of its actual costs of removing the tree from the private homeowner.

If you have any further questions, please contact our office.

Yours very truly,

CHARLES C. FOTI, JR.
Attorney General

BY: _________
DENISE BROU FITZGERALD
Assistant Attorney General

CCF, jr./DBF/dam

1
st
Town of Brusly v. WBR Police Jury, 283 So.2d 288 (1 Cir. 1973); Atty. Gen. Op. No. 90-651 2
La. Atty. Gen. Op. Nos. 03-0043 and 02-0341

Page 2

Opinion Number 05-0452
Syllabus

90-A-2 PUBLIC FUNDS - Loan, Pledge, or Grant

Article VII, Section 14(A) of the La. Constitution

Summary: Unless a legal obligation existed for the Town to remove a fallen tree from the roof of a private home, it is an unlawful donation of public funds for City to pay for its removal.

Honorable Robert F. Zabbia
Mayor, City of Ponchatoula
125 West Hickory Street
Ponchatoula, LA 70454

Date Received:

Date Released: May 9, 2006

Denise Brou Fitzgerald
Assistant Attorney General