Hall, 052081 ALAGO, AGO 81-394

• Case Date: May 20, 1981
• Court: Alabama

Honorable Albert Hall AGO 81-394 No. 81-00394 Alabama Attorney General Opinion State of Alabama Office of the Attorney General May 20, 1981           James R. Solomon. Jr. Deputy Attorney General           Walter B. Turner Chief Assistant Attorney General           William M. Bekurs, Jr. Executive Assistant           Janie Nobles Administrative Assistant          Honorable Albert Hall          Member, House of Representatives          P.O. Box 275          Gurley, Alabama 35748          Counties - Highways, Roads, and Bridges - Private Work          Finding that road building services and materials are not available to citizens of the county at a reasonable price and in an easily accessible manner was a valid exercise of the discretion given Madison County permission by Act No. 80-643.          Resolution of County Commission reiterates requirements of Act No. 80-643 for work to be done by the county on private roads.          Dear Representative Hall:          Reference is made to your request for an opinion from the Attorney General as to whether the Resolution of the Madison County Commission adopted on January 9, 1981 is in violation of Act No. 80-643 adopted at the 1980 Legislative Session.          Act No. 80-643 authorized the Madison County Commission to perform road related services upon private property under certain conditions for a fee and gives the Commission authority to sell road construction materials to churches, persons, firms and corporations. The pertinent parts of Section 2 and Section 4 of Act No. 80-643, about which you asked, read:

"Section 2. It is the intent of this bill to make available to Madison County citizens the aforementioned services only when such road related services and road building materials are not available to them at a reasonable cost from private enterprise. Upon the enactment of this bill, and annually thereafter, the Madison County Commission shall examine the availability of work, services and materials from private enterprise in the various areas of Madison

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