Answer

R.S. 48:491 is clear that if the roads have been maintained for three years by the authority of the parish or municipal governing authority they become public roads if there is actual or constructive knowledge of such work by adjoining landowners exercising reasonable concern over their property. AG Op. No. 12-0128 states: “In sum, it is the opinion of this office that once the Parish maintained the road for more than three years with the knowledge of the private owner, that road became a public road and a part of the parish road system. The Parish may not abandon its maintenance of the subject road, except as provided by law when it is no longer needed for public purposes.” The AG also also stated that : “Consistent with La. R.S. 48:491, our office has previously opined that whether a road is dedicated to a public use (and thereby classified as public) is a question of use and not one of how many residents live on, or how many lots are located along, the road. AG Op. No. 08-0334. The fact that the road benefits only one family does not automatically deny its public character. [. . .] Whether continued maintenance of this small road that serves a single family is warranted is a matter for the governing authority to determine, consistent with the authority granted to the Parish Planning Commission under Section 21.5-5(c) of the Parish Code.” Based on that statute and AG opinions, the number of landowners served by the road is not determinative of whether the road is public. The determinative factor is the maintenance and public use of the road, which is within the authority of the governing authority to decide. Louisiana Legislative Auditor website: 08/04/2025 01:17:24 AM