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When Alabamians go to the polls to vote on Tuesday, one statewide amendment will be on the ballot.
“Proposing an amendment to the Constitution of Alabama of 2022, to grant certain sixteenth section and indemnity school lands that are owned in fee simple by the Franklin County School System, are located in Fayette County and Walker County, and are for the exclusive use of schools in the Franklin County School System to the Franklin County Board of Education; and to provide for the distribution of any proceeds and interest generated by this land.”
A recent analysis by the Public Affairs Research Council of Alabama reveals the reasoning behind placing the amendment on the ballot and its possible outcomes depending on how Alabamians vote.
This proposal would amend the Alabama Constitution of 2022 so that the Franklin County School Board can manage the land in Fayette County and Walker County and receive 100 percent of its revenue.
According to the Alabama Department of Conservation and Natural Resources, this land spans approximately 1,451 acres. While the Franklin County School Board holds ownership, it cannot manage leases or sell the property without the approval of the State Superintendent of Education and the Governor.
The land in question stems from an 18th-century law where the federal government designated land in each county to fund and support public education in that county. These lands are designated as sixteenth section lands.
In the late 19th century, the Alabama Legislature recognized that not all sixteenth section land was of equal value and allocated more land to some school boards that were not earning as much revenue from their land. Some school boards were allocated land outside of their county, indemnity land, and such is the case with Franklin County.
Both sixteen section lands and indemnity lands are owned by the State of Alabama and the revenue is held in a trust by the Alabama State Department of Education. The ADCNR manages the land and keeps a 10 percent management fee while leasing it for timber, hunting rights and mining. For the fiscal year 2024-2025, the land generated $26,467 from hunting leases.
If the amendment were approved, the Franklin County School Board would be able to manage the land, receive all of the revenue it generates and do so without the permission of the State Superintendent of Education and the Governor.
Currently, Fayette County, Fayette County Schools, Walker County, and Walker County Schools receive no revenue from this land, and that will remain unchanged since those school systems own other properties.
Notably, about 225 acres of the land in Franklin is located at the intersection of State Highway 13 and Interstate 22. However, if the Franklin County School Board sells the land along I-22 to a developer, Fayette County, Walker County, and the town of Eldridge in Walker County could benefit from annual property tax and sales tax revenue, depending on what kind of future developments materialize.
If the amendment does not pass, the Franklin County School Board will continue to own the land and receive 90 percent of the revenue generated by the property. The Franklin County School Board would need approval from the State Superintendent of Education and the Governor to sell the land, and the land would still be managed by the ADCNR.
