Road Issues
Opinion
# 99-114
Discussion providing that the county commission may obtain an
easement to install culvert for a bridge located on private property only if the
county determines that it will receive a benefit. Opinion
# 99-145
Discussion of permissible uses of public funds for special road
work in order to comply with provisions of Americans with Disabilities Act. Opinion
# 99-162
Discussion of several issues related to the unit system and
the general law on reimbursement of county commissioners for mileage and expenses
related to road work. Opinion
# 2000-023
Discussion providing that municipality may not make improvements
on streets within its police jurisdiction but which are outside its city limits.
Opinion
# 2000-039
Discussion of several issues involving use of the county right
of way by private sewer companies. Opinion
#2000-170
The speed limits set by Section 32-5A-171 of the Code of Alabama
do not apply to private roads in a housing development, and until such roads are
dedicated to and accepted by the city, the city has no authority to establish
maximum speed limits or enforce traffic laws for motorists traveling on private
roads. Opinion
# 2001-014
Discussion of the procedures to be followed for vacation of
a public road initiated by abutting landowners. Opinion
# 2001-231
Discussion of circumstances under which a county can and cannot
perform work on private roads. Opinion
# 2001-254
Discussion of responsibility for roads within a municipality
following annexation. Opinion
#2002-130
Discussion explaining that a governmental entity may pave a
street if it has been dedicated and accepted by the governmental entity. Opinion
#2002-146
Discussion of several issues to consider in making a factual
determination about whether or not a road is a county road and whether or not
a county road has been abandoned by nonuse. Opinion
#2002-228
Discussion providing that a municipality may contract with
a developer to pave an unpaved municipal road provided all laws regarding paving
roads are followed, including the public works law. Opinion
# 2002-266
Discussion providing that the general law provisions relating
to accidents and accident reports apply, not only to highways, but anywhere within
the state. Opinion
# 2002-277
Discussion of the responsibility for road maintenance following
annexation. Opinion
# 2003-152
Discussion providing that a logging truck is not exempt from
the axle spacing requirement of section 32-9-20 (4)e, because it is not a truck
entitled to exemption under section 32-9-20(4) c. Opinion
# 2003-254
Discussion providing that the State could legally take over
a private road for public use if it determines that by doing so the greater good
of the State would be served. Opinion
# 2004-021
Discussion providing that the County Commission may impose
more restrictive weight limits on county roads than those provided in section
32-9-20 of the Code of Alabama and may require a permit and a bond for use of
county roads by certain motor vehicles. Opinion
# 2004-056
Discussion providing that the County Board of Education is
responsible for the transportation of special education students to and from school
whether on a special education bus or a regular bus, and that therefore, the County
Board of Education may maintain a private roadway to ensure that a special education
student, whether on a special bus or a regular bus, has adequate transportation
to and from school. Opinion
# 2004-110
Discussion providing that a city may accept a deed to a street
through a privately owned cemetery from a private landowner after a determination
that a sufficient public purpose is served.
Opinion # 2004-143
Discussion providing that a city may pave a roadway adjacent to a public street when it acquires the roadway for a public purpose by dedication, transfer of deed, or prescription.
Opinion # 2004-159
Discussion providing that the county commission may maintain a private road for school buses to transport special education students entitled to transportation under the Individuals with Disabilities Education Act if the board of education pays for it.
Opinion # 2004-182
Discussion providing that a county can maintain a municipal road with agreement of the city, that a city cannot maintain a road in the county, but that the county and city may enter into an agreement regarding maintenance of roads.
Opinion # 2005-120
Discussion regarding the factors to take into consideration in making the determination of whether a road is a public road subject to county maintenance.
Opinion # 2005-122
Discussion providing that the county commission, not the county board of education, has the duty to maintain a public road, but may contribute to the costs of traffic studies, etc. if the board determines that the expenditure is beneficial to its interests or serves a public purpose related to education.
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