Honorable Yancey E. Lovelace
AGO 2019-40
No. 2019-040
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
August 15, 2019
Honorable
Yancey E. Lovelace
Mayor,
City of Brewton
Post
Office Box 368
Brewton,
Alabama 36427
Municipalities
– Economic Development - Public Purpose -Escambia
County
The
City of Brewton may expend public funds and allow its
employees, agents, or contractors to enter private property
with the owner's consent to remove any unsightly and
damaged trees if the city council determines that the work
promotes economic and industrial development for the city and
the council complies with the conditions of section 94.01(c)
of the Recompiled Constitution of Alabama.
Dear
Mayor Lovelace:
This
opinion of the Attorney General is issued in response to your
request on behalf of the City of Brewton.
QUESTION
Can the
City of Brewton, pursuant to and in compliance with section
94.01 of article IV of the Recompiled Constitution of
Alabama, expend public funds and allow its employees, agents,
or contractors to enter private property with the owner's
consent to conduct operations to remove any unsightly and
damaged trees in an effort to eliminate any adverse impact or
effect these "eyesores" would or may have on the
economic or industrial development of the city, even though
such operations and expenditures may directly benefit the
various private landowners on whose property such trees are
located?
FACTS
AND ANALYSIS
Your
request states that in 2004, the City of Brewton suffered
catastrophic damage to its tree canopy in many areas during
Hurricane Ivan. You further state that fourteen years later,
there remain living but damaged trees throughout the city on
private property. It is the opinion of the city council that
these trees constitute "eyesores" that diminish the
community landscape. They diminish the enjoyment of life by
the citizens, and also equally important, diminish the
aesthetic appearance of...
