Judges: RICHARD P. IEYOUB
Filed Date: 3/6/2001
Status: Precedential
Modified Date: 7/5/2016
Dear Senator Barham:
We received your request on behalf of the Union Parish Police Jury. The police jury is considering applying for a federal grant, a Local Community Development Block Grant, to drill a water well. Carney Creek Water System, a private, non-profit corporation, currently operates the water system and will maintain and operate the new well. It is our understanding, after reviewing the information in the request and speaking with the attorney representing the police jury, that only political subdivisions of the state may apply for the grant. We also understand that the police jury must own the well to maintain the grant.
The powers of police juries are defined by the legislature in La.R.S.
Thus, assuming that the police jury complies with all of the grant requirements, the funds used to drill the well will be public funds. Therefore, Article
You also questioned what liability the police jury would have as owner of the well. The police jury will be liable for any negligence that arises from its ownership of the well. However, Carney Creek Water System will be responsible for any and all negligence which arises from the maintenance and operation of the well. Public entities are prohibited from assuming liability for damages caused by anyone other than the public entity. See La.R.S.
If you have any questions, please contact our office.
With kindest regards,
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: ___________________________ TINA VICARI GRANT Assistant Attorney General
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