Lawsuit’s dismissal is tied to written promise
RUSSELLVILLE — Franklin County Schools is waiting on a written commitment from the Alabama Department of Conservation and Natural Resources before dropping a lawsuit tied to school land. Legislation intended to resolve the issue is now on the governor’s desk. Superintendent Greg Hamilton said in a board of education meeting last week that SB 337 would allow the school system to obtain deeds to indemnity land connected to Section 16 school trust property.
Attorney Danny McDowell said the measure is intended to correct an issue in a previous constitutional amendment.
The Department of Conservation has been a key obstacle in transferring the land, he said.
“They want that [lawsuit] dismissed, but we want a commitment in writing before we do that,” McDowell said.
A 2024 constitutional amendment approved by voters directed the transfer of the land to the board of education, but the Department of Conservation did not move forward with the transfer, Cyndi James, Hamilton’s secretary, said.
Instead,theDepartment of Conservation chose to use a legal loophole in the amendment, requiring the board to file a declaratory judgment lawsuit.
James said SB 337 is intended to close the loophole and provide the board with clear title to the property.
If signed by Gov. Kay Ivey, the legislation would allow the school system to obtain the deeds to the land it has been seeking.