Can an electric cooperative restore lines under a Cameron Parish franchise, and who approves their location in parish rights-of-way?

Plain-English summary

A state representative asked about Cameron Parish's 1944 privilege and franchise agreement with Jefferson Davis Electric Cooperative. The agreement allowed the cooperative to build and maintain electric transmission facilities along specified public routes outside incorporated cities, towns, and villages. The attorney general read its terms as clear: the cooperative could restore or locate lines that had existed before their destruction within Cameron Parish rights-of-way, while the Cameron Parish Police Jury retained approval over their location or relocation on parish public roads and the state highways described in the agreement.

The office drew a boundary around that conclusion. The parish agreement addressed Cameron Parish rights-of-way. It did not itself grant authority to work within Louisiana Department of Transportation and Development rights-of-way on state highways. The opinion said only that department could grant such authority there.

What this means for you

Jefferson Davis Electric Cooperative

The opinion said the cooperative's franchise permitted restoration or location of the previously existing lines it described in Cameron Parish rights-of-way outside incorporated municipalities. Under the agreement, their location or relocation remained subject to Police Jury approval.

Cameron Parish Police Jury

The office read the agreement as preserving the Police Jury's approval role for line locations and relocations within the parish rights-of-way it covered. It did not read the agreement as conferring authority over DOTD rights-of-way.

State highway officials

The opinion distinguished the franchise's reference to state highways from ownership or control of a DOTD right-of-way. It said work within a DOTD right-of-way required authority from DOTD because the parish agreement was silent on that matter.

Common questions

Q: Can the cooperative rebuild electrical lines destroyed along Cameron Parish roads?
A: The attorney general said the franchise permitted restoration or location of lines that had existed before their destruction in the covered Cameron Parish rights-of-way, outside incorporated cities, towns, and villages.

Q: Does the Police Jury approve where those lines go?
A: Yes, for the parish rights-of-way addressed by the agreement. The opinion read the agreement as making line location and relocation subject to Police Jury approval.

Q: Does the 1944 parish franchise authorize use of a DOTD right-of-way?
A: The opinion said no authority over DOTD rights-of-way was supplied by that agreement. DOTD would have to grant authority for work there.

Background and statutory framework

The Police Jury granted a 99-year franchise in 1944 under authority the opinion traced to Act 127 of 1924, now La. R.S. 33:4361. The agreement covered electric facilities along public roads, highways, streets, and alleys outside incorporated municipalities. The office treated it as a contract between a public entity and a private association and applied the rule that clear, explicit contract language ordinarily controls without looking beyond the instrument for intent.

Reading the agreement, the office found both an operating privilege for the cooperative and a reserved parish approval role over line placement. It limited that reading to Cameron Parish rights-of-way and separately identified DOTD authority for its own highway rights-of-way.

Citations and references

• La. R.S. 33:4361 (franchise authority identified in the opinion)
• Act 127 of the 1924 Legislative Session (predecessor cited by the opinion)
• Privilege and Franchise Agreement recorded April 22, 1946 (agreement analyzed)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0026

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

STATE OF LOUISIANA
DEPARmIENT OF JUSTICE
OFFICE OF THE Arr0RNEY GENERAL
P.O. Box 94005
BATON RoUGE, LA
70804-9005

Liz MuRRILL
October 23, 2024
ATToRNE’ GF:NERAL
OPINION 24-0026

90-A-i PUBLIC FUNDS & CONTRACTS
The Honorable Ryan Bourriaque
La C C art. 1906 La. C C. art 2046
State Representative, District 47
La. R.S. 33:436i
122 North State Street
. .

.
The Privilege and Franchise Agreement between Cameron
Suite I 00
Parish and JDEC is clear and explicit as to the rights and
Abbeville LA 7051 0
p1iViegeS granted to JDEC and reserved to the Cameron
,
Parish Police Jury. JDEC may restore and/or locate electrical transmission lines along public roads and state highways within Cameron Parish rights-of-way that were in existence prior to their destruction that are outside the incorporated
Dear Representative Bourriaque:
cities, towns and villages.

You requested an opinion from our office concerning a franchise agreement between Cameron Parish Police Jury (‘Police Jury”) and Jefferson Davis Electric Cooperative, lnc.
(“JDEC”). Specifically, seek our opinion on the validity and enforceab!lity of a privilege and franchise agreement granted by the Police Jury to JDEC in May of 1944.1 Your request has been assigned to me for research and reply.

Your request states that JDEC was incorporated in 1941 with the purpose of providing electricity to Allen, Calcasieu, Cameron, Jefferson Davis, and Vermillion Parishes. n 1944, the Cameron Parish Police Jury granted the privilege and franchise to JDEC via ordinance for a term of ninety-nine (99) years to construct, maintain, and operate lines of poles and wire for the transmission of electric current for heat, light, or power over the public roads, streets, or alleyways not within the limits of any incorporated city, town, or village.2 This franchise was granted in accordance with Act 127 of the 1924 Legislative Session, now La. R.S. 33:4361.

Section 3 of Act 127 contained language that reserves the authority of a police jury to grant such franchises in accordance with rules, regulations, and restrictions as may be prescribed by the police jury granting the franchise. Additionally, the Police Jury and the qualified electors of Cameron Parish have never surrendered the Police Jury’s power to regulate JDEC to the Public Service Commission. To the extent the franchise agreement between Cameron Parish and JDEC is valid and enforceable, the Police Jury may regulate or restrict JDEC operations within non-incorporated areas of Cameron Parish.

A copy of the recorded document provided to our office indicates that the privilege and franchise was adopted via a Cameron Parish Police Jury ordinance in May of 1944 but was not recorded until April of 1946.
2
“Privilege and Franchise Agreement” recorded April 22, 1946.

Page 2

OPINION 24-0026
Honorable Ryan Bourriaque
Page 2

The “Privilege and Franchise Agreement” between JDEC and Cameron Parish Police Jury is a contract between a public entity and a private association.3 When the words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties’ intent.4 The meaning and intent of the parties to a written instrument is ordinarily determined from the four corners of the instrument.5

Our analysis of the agreement finds that the language is clear and explicit. The instrument sets out that the right, privilege, and franchise is granted to JDEC to erect, construct, maintain, and operate lines of poles, wires, etc. for the transmission of electric energy over, along, under, and across the public roads and state highways, streets, and alleyways, within Cameron Parish, for the purposes of transmitting, distributing, and supplying electricity for light, heat, and power, including the right to erect and construct towers, cables, guy wires, anchors, stubs, and braces, and all other necessary and proper fixtures and appliances, in, on, along, over, under, and across the public roads and state highways within Cameron Parish outside of the corporate limits of any incorporated city, town, or village within the parish. Additionally, the location and/or re-location of all lines, poles, and structures on state highways or public roads in Cameron Parish are subject to the approval of the Cameron Parish Police Jury.6

We note, however, that the privilege and franchise agreement only provides authority for JDEC to operate within Cameron Parish rights-of-way and does not address any authority for JDEC to operate within Louisiana Department of Transportation and Development (“DOTD”) rights-of-way (formally the Louisiana Department of Highways for purposes of the agreement) as it relates to state highways within Cameron Parish. As the agreement is silent on this matter, such authority could only be granted by DOTD.

Accordingly, after review of the question posed in your request, it is our conclusion that the “Privilege and Franchise Agreement” is clear and explicit as to the rights and privileges granted to JDEC and reserved to the Cameron Parish Police Jury. JDEC may restore and/or locate electrical transmission lines along public roads and highways within Cameron Parish rights-of-way that were in existence prior to their destruction that are outside the incorporated cities, towns, and villages.

See La. CC. art. 1906.
La. CC. art. 2046.
Robinson v. Robinson, 99-3097 (La. 1/17/01), 778 So.2d 1105. 6 See Section II of “Privilege and Franchise Agreement” recorded April 22, 1946.

Page 3

_____

OPINION 24-0026

Honorable Ryan Bourriaque

Page 3

If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTORNEY GENERAL

BY:

,4stin Lester
(s-Assistant Attorney General

LM/J L