Judges: RICHARD P. IEYOUB
Filed Date: 4/5/2002
Status: Precedential
Modified Date: 7/5/2016
Dear Mayor Wiggins:
You have requested an opinion of this office as to the following situations:
1) Is it proper for two members of the Jamestown Village Council to vote for a motion "to close the remaining unopened streets and alleyways of the Village of Jamestown" where both of these councilmen "owned property adjoining the streets to be vacated", and where there are three members of the council.
2) Can the Village of Jamestown permanently retain the mineral rights under said streets and alleyways, if they have been properly revocated.
Question one is more properly within the jurisdiction of the Louisiana Board of Ethics and has been referred to them.
The answer to your second question begins with an examination of La.R.S.
In the case of Arkansas-Louisiana Gas Co. v. Parker Oil Co. Inc., et al
Therefore, immediately upon revocation of the of the dedication of the streets and alleyways in the Village of Jamestown, the streets and alleyways and the soil under the streets and alleyways, including the mineral rights thereto, became the property of the then contiguous owners. The village may not keep the mineral rights for any length of time upon revocation.
In summary, we believe that upon the revocation of the dedication of certain streets and alleyways of the Village of Jamestown, the streets and alleyways, and the mineral rights thereunder, become the property of the owner or owners contiguous thereto.
I hope that this response sufficiently addressed your concerns and if we may be of further service, please do not hesitate to contact our office.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: _____________________________ CHARLES F. PERRY Assistant Attorney General
RPI/CFP/tp
Date Requested: January 31, 2002
Date Released: April 5, 2002