Opinion
SEPTEMBER 8, 1998
71 MUNICIPALITIES 90-B-3 (a) PUBLIC LANDS
Towns and villages have full power and authority with respect to the care, management and control of publicly-owned property, and any action taken with respect thereto must be after authorization by the Board of Alderman.
Hon. Floyd L. Younger, Jr. Mayor, Village of French Settlement P.O. Box 3 French Settlement, LA 70733
Dear Mayor Younger:
This is in response to your opinion request as Mayor of the Village of French Settlement pertaining to certain property owned by the Village and designated as public property.
While you have not identified the exact nature of the property, you state that it is regularly traversed by private citizens in order to gain access to areas in and around the Amite River. You request an opinion concerning whether or not the Village may restrict and otherwise regulate the traversal of the public property by private citizens.
Under the law, a municipality is authorized to exercise any power and perform any function necessary, requisite or proper for the management of its affairs not denied by law. See La. R.S. 33:361. Thus, the powers granted the Village of French Settlement are vested in the Mayor and Board of Alderman with respect to the care, management and control of property, and any action regarding the use or restriction of publicly-owned property can only be taken after authorization by the Board of Alderman. See Op. Atty. Gen. 1944-46, p. 459. See also, City of New Orleans v. Southern Auto Wreckers, 192 So. 523 (1940); Town of Jonesville v. Boyd, 108 So. 481 (1926); City of New Orleans v. New Orleans Public Service, 123 So. 648 (1929), affirmed 50 S.Ct. 449, 281 U.S. 682, 74 L.Ed. 1115.
Under the circumstances presented, it is the opinion of this office that the Village of French Settlement, acting through its Mayor and Board of Alderman, has full authority to regulate the use of public property owned by the Village, subject to any existing rights-of-way, servitudes, encumbrances or ordinances existing with respect to such property.
If we may be of further assistance, please call upon us.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
By: __________________________ GARY L. KEYSER ASSISTANT ATTORNEY GENERAL
RPI/GLK:bb
Mayor or town organized under Act 136 of 1898 has no authority to repair town's electric distribution system except after authorization of board of aldermen.
Honorable Walter Romero, Mayor, May 30, 1044. Vinton, Louisiana.
Dear Mr. Romero:
This acknowledges receipt of your letter to the Attorney General under date of May 24, 1944, in which you ask to be advised as to your authority, as Mayor of the Town of Vinton, to have the electrical distribution system of your town repaired. Your letter does not so state, but we assume that the wires, poles, etc. connected with this system and possibly the power plant are owned by the Town of Vinton.
The Town of Vinton was incorporated under the provisions of Act 136 of 1898, the general act, paragraph 14 of which reads as follows:
"The powers hereby granted shall be exercised by the mayor and board of aldermen of the respective cities, towns, and villages, as hereinafter set forth."
The pertinent portions of the succeeding paragraph read as follows:
"The mayor and board of aldermen of every city town and village. shall have the care, management, and control of the city, town or village and its property and finances, * * *."
We, therefore, conclude that all powers granted a town which is incorporated under this act are vested in the mayor and board of aldermen with respect to the care, management and control of its property and finances, and that any action on the part of the mayor in repairing municipally owned property could only be taken after authorization by the board of aldermen in session legally convened.
Trusting this answers your question, we beg to remain,
R. H. LEE.