AGO 1996-169.

Case DateApril 01, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-169. 1996-169April 1, 1996Honorable Thomas M. Galloway Attorney, Dauphin Island Park and Beach Board Collins, Galloway & Smith P. O. Box 16629 Mobile, AL 36616-0629 Dauphin Island Park and Beach Board - Public Purpose - Private Purpose - Parks and Recreation - BeachesThe Dauphin Island Park and Beach Board may lease property under its control to the Dauphin Island Beach Club provided certain conditions are met.Dear Mr. Galloway: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Can the Dauphin Island Park and Beach Board lease public property under its control to the Dauphin Island Beach Club under the facts set out in the request? FACTS, LAW AND ANALYSIS The following facts are set out in your request: The Dauphin Island Beach Club, a private company, has requested the Dauphin Island Park and Beach Board to lease to it part of the public beach on Dauphin Island. A copy of the proposed lease is enclosed. The Dauphin Island Park and Beach Board is organized under the provisions of Sections 11-18-1 through 11-18-3, Code of Alabama 1975. Dauphin Island Beach Club desires to build a condominium project, but the land upon which it is being constructed does not extend to the water. The Park and Beach Board owns the land between the property construction site and the water's edge and this land owned by the Park and Beach Board is designated for public use. This designation was established when the Chamber of Commerce subdivided and began selling lots commencing in 1953. You can see from the lease that the leased property would be continued to be for use of the public as well as the owners of apartments in the new building, but the Park and Beach Board would be restricted in its use of this property should it desire and/or need it for another public purpose. It is specifically stated in your request that the Dauphin Island Park and Beach Board is established under Code of Alabama 1975, __ 11-18-1, et seq. According to the terms of the lease agreement enclosed in your request, the term of the lease is 40 years. The lease also contains no provision for cancellation if the land is needed for another public purpose. Code, _ 11-18-1 and _ 11-18-2 expressly provide that lands acquired by counties and maintained by the board established...

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