AGO 1996-083.

• Case Date: January 08, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-083. 1996-083January 8, 1996Honorable D. Todd McLeroy Attorney, Cullman County Commission P. O. Drawer M Cullman, AL 35056 Counties - Private Property - Private Work - Equipment The county commission may contract with a private landowner for the county road department to dump debris onto the landowner's property in exchange for the county's use of its equipment and personnel to cover the debris.Dear Mr. McLeroy: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Can the county commission legally agree with a private landowner for the county road department to dump debris, such as trees, limbs, and stumps resulting from storms, onto the landowner's property in exchange for the county's use of its equipment and personnel to cover the debris? FACTS AND ANALYSIS Section 94 of the Constitution of Alabama 1901, as amended by Amendment No. 112, prohibits a county from granting money or any other thing of value to a private person, association or corporation. Pursuant to this provision, this office has held that a county may not perform work on private property unless there is local legislation authorizing such work to be performed and the county will be fully reimbursed for the services performed. Opinion to Honorable F. R. Albritton, Jr., Chairman, Wilcox County Commission, dated April 4, 1983, A.G...