Q A local resident owns land that has a private cemetery situated on it, more than 1500 feet from a state highway. The landowner wants the county to improve, repair, and maintain the private road between the highway and this private cemetery. He further claims that there is a confederate soldier buried in the cemetery. May the county do the requested work?

A The authority for a county to repair and maintain driveways to a private cemetery is for private nonprofit cemeteries that satisfy the requirements of Section 19-3-42(5). Even if such a determination was to be made, the county could only maintain the private road one hundred fifty (150) feet from the highway. Section 19-5-93(a) authorizes county boards of supervisors, in their discretion, to donate money “for the location, marking, care and maintenance of the grave or graves and graveyard of Confederate soldiers or sailors who died in the Confederate service.” Even if such a determination was made, it does not provide any authority to maintain a private road to the cemetery. (Attorney General’s Opinion to White, dated July 26, 2019)