Honorable Heath Meherg
AGO 2019-49
No. 2019-049
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
August 28, 2019
Honorable
Heath Meherg
Attorney,
Town of Berlin
409
1st Avenue, SW
Cullman,
Alabama 35055
Municipalities
- Roads, Highways, and Bridges - Incorporation - Annexation
-Cullman County
The
Town of Berlin should assume responsibility for the public
streets in the areas annexed during the 24 months following
incorporation at the same time it begins to assume
responsibility for the streets in the newly incorporated
town, which is set to begin on or about May 1, 2020.
Dear
Mr. Meherg:
This
opinion of the Attorney General is issued in response to your
request on behalf of the Town of Berlin.
QUESTION
Is the
Town of Berlin required to assume responsibility for all
public streets lying in any annexed territory before 24
months have passed after incorporation of the town?
FACTS
AND ANALYSIS
Your
request states that the Town of Berlin petitioned for
incorporation of the town pursuant to section 11-41-1 of the
Code of Alabama. You further state that an order of
incorporation was granted on or about May 3, 2018.
Section
11-41-1 requires any municipality incorporated under these
procedures after August 1, 2004 "to assume
responsibility to control, manage, supervise, regulate,
repair, maintain, and improve all public streets or parts
thereof lying within the corporate limits no later than 24
months after the incorporation is finalized." Ala. Code
§ 11-41-1 (Supp. 2008). Based on this provision, the
town passed a resolution to assume responsibility of the
public streets and parts thereof lying in its newly
incorporated limits on or about May 1, 2020.
After
incorporation, several individuals from outside the municipal
limits approached the town requesting contiguous annexations.
The town would like to consider these annexations, but first
wishes to clarify that it...