Alabama Constitution Section 99 - Restrictions on donation or sale of state lands to private corporations or individuals; grant of easements to railroad, telephone and telegraph companies.
Alabama Constitution – Section 99:
Title: Restrictions on donation or sale of state lands to private corporations or individuals; grant of easements to railroad, telephone and telegraph companies.
Full Text:
“Lands belonging to or under the control of the state shall never be donated directly or indirectly to private corporations, or to private individuals, or sold to them on credit. This section shall not prevent the granting of easements over, under, or across the lands to railroad companies, or telephone and telegraph companies for the erection of their poles and wires and underground conduits, and the construction and operation of their roads and works.”
Explanation:
Section 99 of the Alabama Constitution places strict limits on how state-owned land can be transferred to private entities:
🚫 Prohibited:
The state cannot donate its land to private individuals or corporations.
The state cannot sell its land on credit (i.e., with deferred payments) to private parties.
✅ Allowed:
The state may grant easements (limited rights of use) over, under, or across state lands to:
Railroad companies
Telephone companies
Telegraph companies
These easements are specifically for:
Erecting poles and wires
Installing underground conduits
Constructing and operating related infrastructure
Purpose:
This section is designed to:
Protect public assets from being given away or misused for private gain.
Ensure state lands are only used for public benefit or essential infrastructure (like communication and transportation systems).
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