Could East Feliciana Parish use public funds to install a drainage culvert on private property?

Plain-English summary

East Feliciana Parish's district attorney asked when its police jury could repair or install culverts to address blocked or inadequate drainage. The AG said La. R.S. 33:1236(2) authorized culvert work when it served the parish's interests. Public funds could pay for installations on public property; work on private property was also permissible when it served a public purpose, such as improving the parish drainage system. Work solely for private interests was outside that authority.

On discretion, the AG cited an earlier opinion and a Louisiana appellate decision for the police jury's broad latitude. It said the jury stayed within that discretion if its decision was neither arbitrary nor capricious. The opinion did not identify a particular culvert or decide whether a proposed installation met those conditions.

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 parish replace a broken culvert on public property?

The AG said a police jury could use public funds for culverts on public property when the work was in the parish's interest under La. R.S. 33:1236(2).

Could it install a culvert on a resident's land?

The opinion said private location alone did not bar the work. The installation had to serve a public purpose, such as improving parish drainage, rather than exclusively benefiting the landowner.

Could parish funds pay for a culvert that benefited only one private interest?

No. The AG expressly excluded work done for the exclusive benefit of private interests.

How much choice did the police jury have in deciding whether to do the work?

The AG described broad discretion, constrained by the requirement that the decision not be arbitrary or capricious. It gave no finding on a specific project.

Background and statutory framework

The opinion read the police jury's authority in La. R.S. 33:1236(2) together with its prior public-funds opinions. Its syllabus also cited La. Const. Art. VII, Section 14. For the discretion question, it quoted a prior AG opinion relying on Torrance v. Caddo Parish Police Jury, 119 So.2d 617 (La.App. 2nd Cir.1960), for the description of arbitrary or capricious action.

Citations

• La. R.S. 33:1236(2) (police jury authority discussed for culvert work).
• La. Const. Art. VII, Section 14 (cited in the opinion's heading and syllabus).
• Torrance v. Caddo Parish Police Jury, 119 So.2d 617 (La.App. 2nd Cir.1960) (cited on discretion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0011

Original opinion text

April 17, 2006
OPINION NUMBER 06-0011
90 POLICE JURIES – Powers and Functions 90-A-1 PUBLIC FUNDS & CONTRACTS
La. Const. Art. VII, Section 14;
Mr. Samuel C. D’Aquilla
La. R.S. 33:1236
District Attorney
A police jury is authorized to use public funds to install culverts on
Twentieth Judicial District public property and may install culverts on private property for a
P.O. Box 338
public purpose, i.e., to improve the drainage system of the parish.
However, a police jury is not authorized to perform such work if the
Jackson, Louisiana 70748
work is for the exclusive benefit of private interests.

Dear Mr. D’Aquilla:

You requested an Attorney General’s opinion regarding the installation of culverts on public and private property. You question whether the East Feliciana Parish Police Jury (“Police Jury”) may replace or install culverts on public or private property if the old culverts are broken or otherwise obstruct drainage, or are needed to aid drainage. You indicate that La. R.S. 33:1236(2) authorizes the Police Jury to make such repairs when it is in the best interest of the parish and parish road system, and ask how much discretion the Police Jury has to do so without overstepping or abusing their authority.

The powers of police juries are set forth in La. R.S. 33:1236. You are correct that police juries do have the power to replace or install culverts pursuant to R.S. 33:1236(2) when it is in the best interest of the parish to do so. Our office has consistently stated that a police jury is authorized to use public funds to install culverts on public property and may install culverts on private property for a public purpose, i.e., to improve the drainage system of the parish. However, a police jury is not authorized to perform such work if the work is for the exclusive benefit of private interests. See Attorney General Opinion Nos. 05-0272, 01-196, 00-277, 97-428, 93-396, 79-509, 78-425 and 77-307.

As far as the amount of discretion the Police Jury has, in Attorney General Opinion No. 90-289, we stated that the exercise of a police jury’s functions “is subject to much discretion and has traditionally been judicially granted much latitude.”, citing Torrance v. Caddo Parish Police Jury, 119 So.2d 617 (La.App. 2nd Cir.1960). The Torrance court stated: “Generally an abuse of discretion results from a conclusion reached capriciously or in an arbitrary manner.” Id. at 619. Therefore, as long as the police jury’s decision is not arbitrary or capricious, they will be within their discretion.

Page 2

Mr. Samuel C. D’Aquilla
OPINION NUMBER 06-0011
Page – 2 –

Trusting this adequately responds to your request, we remain

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ______
KENNETH L. ROCHE, III
Assistant Attorney General

CCF, JR/KLR, III/jv

Page 3

OPINION NUMBER 06-0011

90
POLICE JURIES – Powers and Functions
90-A-1 PUBLIC FUNDS & CONTRACTS
La. Const. Art. VII, Section 14
La. R.S. 33:1236

A police jury is authorized to use public funds to install culverts on public property and may install culverts on private property for a public purpose, i.e., to improve the drainage system of the parish. However, a police jury is not authorized to perform such work if the work is for the exclusive benefit of private interests.

Mr. Samuel C. D’Aquilla
District Attorney
Twentieth Judicial District
P.O. Box 338
Jackson, Louisiana 70748

Date Received:

Date Released: April 17, 2006

KENNETH L. ROCHE, III
ASSISTANT ATTORNEY GENERAL