Hopkins, 061275 MSAGO, 1975-0005

• Case Date: June 12, 1975
• Court: Mississippi

Honorable John L. Hopkins No. 1975-0005 Mississippi Attorney General Opinions June 12, 1975          Honorable John L. Hopkins          Attorney for the Board of Supervisors          Alcorn County          Corinth, Mississippi 38834          Dear Mr. Hopkins:          Attorney General Summer has received your letter of request dated June 11, 1975, and has assigned it to me for research and reply.          You submit the following, to-wit:

         “1. What law is applicable concerning abandonment of a public road and what factual determination and finding by the Alcorn County Board of Supervisors would support such abandonment?          “2. Assuming the roadbed is found to have been abandoned, what evidence of public interest or convenience would support a determination by the Board that said roadbed should be laid out or reopened?          “3. Assuming the determination that the roadbed has been abandoned and the further determination that the public interest or convenience requires a reopening of same, would eminent domain or other such proceedings be required by the Board, and, if so, what would the proper procedure be?”

         1. In answer to your first question, we refer you to the case of Skrmetta v. Moore, et al., 227 Miss. 119, and the cases cited therein, where the Supreme Court of the State of Mississippi laid down the general rule that an easement dedicated to public use may be abandoned by unequivocal acts showing a clear intent to abandon, the determination of such factual matter would, of course, be for the Board of Supervisors in accordance with the facts and subject to judicial review.          2. In reply to your second question, Section 65-7-57...