Q May a school board grant a donation of right of way over and across Sixteenth Section lands pursuant to Section 29-3-91?

A Yes, provided certain findings are made. Section 29-3-91(2) allows for the donation of the right of way if: 1) the new road is necessary to provide access; 2) the new road will enhance the value of the Sixteenth Section land; 3) there must be a local agency willing to build and maintain the new road. This assumes the cost of construction must exceed the value of the right of way to be granted. (Attorney Generalís Opinion to Harrell, August 14, 2015)