Q Is a county authorized by law to repair sinkholes created by the collapse of culverts on private property where only part of such culverts are on a public right of way?

A The county may make such repairs after obtaining the appropriate easements if the county first makes the factual determination that the purpose of the work on the culvert is to clean and clear the drain to prevent erosion, and additionally, that the county board of supervisors makes the determination, on its minutes, that such work and/or expenses are necessary in order to promote the public health, safety and welfare of the citizens of the county. A county may not, however, repair, install or maintain a culvert on private property for the primary benefit of the landowner. (Attorney General’s Opinion to Carnathan dated February 12, 2010)