Could Calcasieu Parish use Parish Transportation Fund money to landscape I-10 rights-of-way?

Plain-English summary

In January 2014, the Louisiana Attorney General said Calcasieu Parish could not use Parish Transportation Fund money for a proposed project to improve and landscape state highway rights-of-way along I-10. The police jury proposed a landscape architect, plans, greenery, installation, and maintenance through an agreement with the state transportation department.

The opinion read La. R.S. 48:753(A)(6) as allowing only specified work on state highway rights-of-way: installing culverts, cleaning ditches and working on shoulders, and patching potholes on aprons connecting parish and state highways. Those activities had statutory conditions, including a cost limit, state indemnification, and permits or advance notice as applicable. The proposed landscaping did not fit them.

The AG added that parish funds from other sources might be used under a cooperative agreement, depending on each source's restrictions. It did not approve a particular alternative funding source.

Currency note

This opinion was issued in 2014. 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 pay for greenery along I-10 from its transportation fund?

No. The AG said the listed state-highway maintenance uses did not include buying, planting, or maintaining greenery for the proposed corridor project.

What state-highway work did the opinion say the fund could support?

Under the provision it quoted, the fund could support culvert installation, ditch and shoulder work, and pothole patching on certain aprons, subject to the provision's conditions.

Did a cooperative agreement with the state change the fund restriction?

The AG said no for this funding source. It noted that different parish funds might be available under a cooperative agreement if their own restrictions permitted the project.

Background and statutory framework

The Calcasieu Parish Police Jury asked whether it could finance landscaping and improvements along state highway rights-of-way with Parish Transportation Fund money. The AG compared the proposed project with the uses listed in La. R.S. 48:753(A)(6) and found none matched.

Citations

• La. R.S. 48:753(A)(6) (permitted state-highway maintenance uses quoted in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0181

Original opinion text

~tat.e of lllouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

JAN 102014
OPINION 13-0181

50 HIGHWAYS - Roads
Mr. Allen L. Smith, Jr.
La. R.S. 48:753
Plauche, Smith & Nieset, L.L.C.
A parish governing authority may expend Parish Transportation Fund
P.O. Drawer 1705
monies to perform maintenance work on state highway right-of-ways
Lake Charles, Louisiana 70602
only for the purposes set forth in La. R.S. 48:753(A)(6) that relate to
culvert installation, ditch cleaning, and pothole patching, but may not be used to improve and landscape state highway rights-of-way.
Dear Mr. Smith:

On behalf of the Calcasieu Parish Police Jury ("Police Jury"), you have requested an opinion from this office concerning the use of Parish Transportation Fund ("pTF") monies.

Specifically, you indicated that the Police Jury wants to improve, landscape, and maintain the state highway rights-of-way along the 1-10 corridor through Calcasieu Parish. The project would be established through a cooperative endeavor agreement with the Department of Transportation and Development and would be used for the following:

1. hiring a landscape architect;
2. adopting plans and specifications for right-of-way improvement, maintenance, and landscaping;
3. purchasing greenery for installation along the right-of-way; and 4. planting and maintaining greenery and landscaping.

The short answer to your question is no. PTF monies must be used as set forth in La.
R.S. 48:753(A). Maintenance work on state highway rights-of-way is addressed in La.
R.S. 48:753(A)(6), which provides as follows:

(6) In addition, provided that the project cost does not exceed the contract limit as defined by R.S. 38:2212, and provided that the parish governing authority indemnifies the state for any loss or injury arising therefrom, a parish governing authority may perform maintenance work on state highway rights of way as follows:

Page 2

,
Mr. Allen L. Smith, Jr.
Opinion 13-0181
Page -2­

(a) Install culverts in drainage ditches after acquisition of and in compliance with any permit as required by the department.

(b) Clean out ditches and work on shoulders of state highways. The local governing authority shall notify the Department of Transportation and Development not less than five days prior to the commencement of such work.

(c) Patch potholes on aprons connecting parish and state highways. The local governing authority shall notify the Department of Transportation and Development not less than five days prior to the commencement of such work.

As you can see, none of the Police Jury's proposed uses are allowed under La. R.S.
48:753(A)(6). Thus, considering the forgoing statutory authority, it is the opinion of this office that PTF monies may not be used to improve, landscape, and maintain the state highway rights-of-way along the 1-10 corridor through Calcasieu Parish.

Finally, we note that the Police Jury would not be prohibited from using its own funds (depending on the source and associated restrictions) to improve, landscape, and maintain the state highway rights-of-way along the 1-10 corridor through Calcasieu Parish pursuant to a cooperative endeavor between the Police Jury and DOTD.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

Yours very truly,

JAMES D. "BUDDY" CALDWELL
Attorney General

By: ~ ~ U--::i?' •
BENJAMIN A. HUXEN II
Assistant Attorney General
JDC/BAH II