Judges: RICHARD P. IEYOUB
Filed Date: 4/20/2000
Status: Precedential
Modified Date: 7/5/2016
Dear Representative Wright:
This office is in receipt of your request for an opinion of the Attorney General in regard to residency requirements for membership on the Pollock Town council. You indicate Louisiana Highway 165, Grant Parish is presently under construction, and the property owned by Mrs. Rita Till on the Highway was purchased by the State. Being forced to move, and unsuccessful in locating property within the city limits, she is building her home immediately outside the city limits. Her request to be annexed into the city limits having been denied on the basis of the expense of running utilities to her property, she is faced with having to resign her position as Town Council member inasmuch as she will no longer reside within the city limits. You seek advice of this office on the matter.
It is pertinent to note that R.S.
The fact of change of residence may ipso facto, automatically give grounds for having an office declared vacacted and the officer removed, but it cannot be said that the office is vacated until such is declared by a court or other authorized official or governing body.
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This holding is- consistent with the definition of vacancy contained in Art. X, Sec. 28 of the 1974 Constitution:
A vacancy, as used in this Constitution, shall occurr in the event of death, resignation, removal by any means, or failure to take office for any reason.
The phrase "removal by any means" contemplates removal of the officeholder by lawful means before a vacancy can be said to exist.
This office has stated that when a local official moves from the district from which he is elected, the local governing authority may declare the office vacant. Atty. Gen. Op. Nos. 98-326, 92-350, 80-1171, and 78-1244.
R.S.
The courts and this office have observed that an individual may have many residences but one domicile, that being the principal place of residence, Messer v. London,
However, we find it significant to note that in accordance with R.S.
In sum, until Mrs. Till's change of residence is duly established and the office is declared vacant in accordance with R.S.
We hope this sufficiently advises you on matters of your concern.
Sincerely yours,
RICHARD P. IEYOUB Attorney General
BY: __________________________ BARBARA B. RUTLEDGE Assistant Attorney General RPI/bbr