Q The school district owns a parcel of land that is leased to a private individual for a private business. What authority does the county have to grade and gravel a road and lot on this parcel?

A Under Section 66 of the Mississippi Constitution, a county may not grade or gravel a road and lot that are on school property, even if requested by the school district, where the work requested is for the benefit of the private lessee and not for the benefit of the public, as it would constitute a donation. It is conceivable that a school district could have a valid legal and/or contractual obligation to maintain the road/lot. If such an obligation exists and depending on the facts of a specific case, it is possible that Section 65-7-74 and/or Section 19-3-42 could provide authority for a county to maintain the road and lot at the request of a school district. (Attorney Generalís Opinion to White, April 1, 2019)