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	Council To Seek Attorney General Opinion Regarding AEC Land Donation July 20, 2010 Plans for the City of Arab to donate two acres near the Arab National Guard Armory for a new Arab Electric substation are on hold while an Alabama Attorney General opion is sought on the legality of the proposal. Assistant City Attorney Rodney Edmondson told the council that his research had turned up conflicting information as to whether the council could legally donate the land to the Co-Op. Edmondson said a provision in the Alabama Constitution says that land can not be transferred to another entity without adequate compensation. However, he said that a 2002 Attorney General opinion to the City of Carbon Hill indicated that a similar deal was legal so long as the public was served. Edmondson told the council, "As with many parts of the law, the research leaves it unclear so I believe the best way for the City to be protected is to request a AG opinion in this matter." The council voted to request the opinion before proceeding. Mayor Gary Beam said AEC Board President Jeff McLemore had assured him that the new substation would help to stop the frequent power outages and brownouts the system is currently experiencing. Beam also said that an earlier story that indicated the Co-Op asked for the land to be donated was incorrect. "McLemore actually asked if the City would be willing to sell the property, I made the suggestio to donate the land." Beam said.

Council To Seek Attorney General
Opinion Regarding AEC Land Donation

July 20, 2010
Plans for the City of Arab to donate two acres near the Arab National Guard Armory for a new Arab Electric substation are on hold while an Alabama Attorney General opion is sought on the legality of the proposal. Assistant City Attorney Rodney Edmondson told the council that his research had turned up conflicting information as to whether the council could legally donate the land to the Co-Op.

Edmondson said a provision in the Alabama Constitution says that land can not be transferred to another entity without adequate compensation. However, he said that a 2002 Attorney General opinion to the City of Carbon Hill indicated that a similar deal was legal so long as the public was served. Edmondson told the council, "As with many parts of the law, the research leaves it unclear so I believe the best way for the City to be protected is to request a AG opinion in this matter." The council voted to request the opinion before proceeding.

Mayor Gary Beam said AEC Board President Jeff McLemore had assured him that the new substation would help to stop the frequent power outages and brownouts the system is currently experiencing. Beam also said that an earlier story that indicated the Co-Op asked for the land to be donated was incorrect. "McLemore actually asked if the City would be willing to sell the property, I made the suggestio to donate the land." Beam said.