Q May a county perform work and provide material on private property where the repair involves repairing or replacing a culvert on private property?

A A county may not undertake to install a culvert on a county road right-of-way if the sole purpose is to benefit the property owner. If the installation of the culvert is necessary for the preservation and maintenance of the county road, the county may take any steps necessary to achieve this result. The supervisors must make a factual finding, consistent with facts and recorded in its minutes, that such work is necessary to preserve and maintain the county roads and rights-of-way and will promote the health, comfort and convenience of the inhabitants of the county. (Attorney General’s Opinion to Brown, May 13, 2016)