Waits, 040375 MSAGO, 1975-0004

• Case Date: April 03, 1975
• Court: Mississippi

Honorable Donald M. Waits No. 1975-0004 Mississippi Attorney General Opinions April 3, 1975          Honorable Donald M. Waits          Attorney for Board of Supervisors          P. O. Box 246          Wiggins, Mississippi 39577          Dear Mr. Waits:          Attorney General Summer received your letter of March 26, 1975, and has assigned it to the undersigned for research and reply. In that letter you state that the Board of Supervisors would like to know what constitutes abandonment of a road. Then you delineate the facts according to your knowledge and belief that the cable bridge road from sometime prior to 1916 and until 1950 was maintained at public expense and used by the public, but that the bridge was destroyed and since then no action has been taken by the Board of Supervisors in regard to the road or bridge. You state that about two years ago, a land owner fenced the road running across his property to a local creek. You state also that a prior land owner had fenced a road and the grand jury had directed the sheriff to have the prior land owner's fence removed and such was done. Then you state:          “With these facts in mind, I feel that under the case of Armstrong v. Itawamba County, 195 Miss. 802, 16 So. 2d 752, the county acquired an easement by the prescription. Thus making this road a public road. Relative to this road, however, I have the following questions:

         “1. As to that portion North of the creek, does the fact that it has not been maintained by the county since 1950 constitute an abandonment?          “2. Can a county abandon or close a road without official action?          “3. Under the circumstances stated above, does the Board of Supervisors, the County Attorney, the District Attorney and / or the Grand Jury bear any responsibility in removing the obstacles from the road?          “4. Under the circumstances stated above, since that portion North of the creek is no longer maintained by the county but is still used by the public, is such portion still classified as a public road?”

         Let me say at the outset that determinations of fact are judicial matters within the purview of the authority of the Board of Supervisors and are not to be made by opinions of this office. Therefore, this opinion will not be determining what the facts are, not having evidence before us, but will try to answer your questions in regard to the law which would be guidelines to the Board of Supervisors who are the final...