Honorable Walter B. Calton
AGO 2018-45
No. 2018-045
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
August 2, 2018
Honorable
Walter B. Calton
Barbour
County Attorney
Post
Office Box 696
Eufaula,
Alabama 36072
County
Commissions - Courthouses - Courts - County Seat - Barbour
County
The
Barbour County Commission may not build a new courthouse
located in the current city limits of Clayton but outside the
city limits that existed at the time the city was named the
county seat unless an election is held pursuant to section 41
of article II of the Recompiled Constitution of Alabama.
The
procedures to be followed when conducting such an election
are set out in sections 11-16-33 through 11-16-38 and
sections 11-81-81 through 11-81-90 of the Code of Alabama.
Dear
Mr. Calton:
This
opinion of the Attorney General is issued in response to your
request on behalf of the Barbour County Commission.
QUESTIONS
(1) May
the Barbour County Commission build a new courthouse located
in the county seat of Clayton but outside the city limits
that existed at the time the city was named the county seat?
(2) If
not, what procedures must the county engage in to be able to
do so?
FACTS
AND ANALYSIS
Your
request states that, due to deficiencies in the two existing
courthouses in the cities of Eufaula and Clayton, the Barbour
County Commission intends to build a new courthouse in
Clayton, which is the county seat. You further state that,
although the original courthouse was built within
Clayton's city limits as they existed when it was named
the county seat, since that time the city limits have
expanded and/or changed.
A
county commission's duty and authority to build
courthouses is derived from sections 11-14-10 and
11-3-11(a)(1) of the Code of Alabama. Ala. Code §§
11-3-11(a)(1), 11-14-10 (2008). Section 11-14-10 requires the
commission to "erect courthouses, jails, and hospitals
and other necessary county buildings" and authorizes...
