Bill to clear indemnity land title in name of Franklin County Board of Education awaits governor’s signature

A bill that will finally give the Franklin County Board of Education absolute title to valuable indemnity lands owned by the BOE in Fayette and Walker Counties and close a legal loophole in the Constitutional Amendment approved by Alabama voters in 2024 needs only the signature of Gov. Kay Ivey to be signed into law.

Franklin County Schools Superintendent of Education Greg Hamilton updated the board at its April 13th meeting, along with expressing his appreciation to Sen. Larry Stutts (R-Tuscumbia) for sponsoring SB337 in the recently completed legislative session.

The bill passed unanimously through the Alabama House and only received one ‘no’ vote in the Alabama Senate. 

SB337 deals with certain indemnity lands located adjacent to Interstate 22 in Fayette and Walker Counties. Growth along the I-22 corridor has been meteoric, and these 1,450 acres owned by the Board include 225 acres at or near the intersection of Highway 13 and Interstate 22, a main north-south corridor from Tuscaloosa to the Shoals.

These indemnity lands come with tremendous value for future development and/or sale in the fast-growing location.

Alabama voters overwhelmingly approved a 2024 Constitutional Amendment allowing transfer of the property, which was held in trust by the State of Alabama, to Franklin County Schools.

Due to a scrivener’s error, a mistake in a legal document that was not done intentionally, the indemnity lands described in the Constitutional Amendment were those ‘owned in fee simple by the Franklin County School System.’

Owning land ‘in fee simple,’ as the bill’s language reflected, would mean land already owned by the Franklin County Board of Education with no encumbrances or limitations on its use.

But the Code of Alabama places management and supervision of Section Sixteen and indemnity lands with the Alabama Department of Conservation and Natural Resources. 

According to Board attorney Danny McDowell, Department of Conservation and Natural Resources officials suddenly decided these lucrative lands owned by Franklin County BOE could not be outright transferred to the board because of the language in the amendment.

The Board filed a Declaratory Judgment lawsuit to clarify the board’s ownership of the lands. That case is pending in Franklin County Circuit Court with Gov. Ivey, State Superintendent of Education Dr. Eric Mackey and Chris Blankenship, Commissioner of the Alabama Department of Conservation and Natural Resources named as defendants.

Stutts’ SB337 resolved the legal issue once and for all, with outright title, subject to no interference from the Department of Conservation and Natural Resources, being vested with the Franklin County Board of Education.

McDowell said Monday Department of Conservation and Natural Resources attorneys have indicated once SB337 is signed into law, the department will go along with transfer of the indemnity lands to the Franklin County BOE.

Once that agreement is obtained in writing, McDowell said the lawsuit would be dismissed.

Sixteenth Section lands were approved by Congress in 1819 when Alabama was admitted into the Union. The 16th Section of every Alabama township was granted to the inhabitants of such township for the use of schools.

If sufficient land was not available in a certain township, or contained land with no value, other lands were granted for the same educational purposes in place of Sixteenth Section lands. These lands, generally located in a different county from where the school system is, are known as ‘indemnity lands.’

Similar Constitutional Amendments to the one passed in 2024 have vested outright ownership of Sixteenth Section or indemnity lands in school systems, including a 2012 Constitutional Amendment allowing Cullman County Schools to control, manage or sell valuable land located adjacent to Smith Lake. The school system sold that land in 2021 for more than $16 million.

A similar price or more would have a generational impact on Franklin County Schools, Hamilton said, completely changing the system’s financial status for decades to come. 

“Senate Bill 337’s passage is a significant step for the future of Franklin County Schools,” Hamilton said. “We appreciate the efforts of Sen. Stutts, Rep. (Jamie) Kiel (R-Russellville) and our board attorney Mr. McDowell.”

In other agenda items at the April 13th meeting, the board:

—approved the Sanitary Sewer Overflow Response Plans for the Tharptown and Vina Wasterwater Treatment Plant System for 2026-27.

—approved the Northwest Alabama Child Nutrition Program Cooperative Joint Purchasing Agreement for 2026-27.

—approved a service agreement with Dr. Jenny McCullar, DPT, for Physical Therapy Services for the 2026-27 school year.

—approved a compensation of $500 to Ashley Grimes, Yearbook Sponsor at Phil Campbell Elementary School, for yearbook supplement. PCES will reimburse the Franklin County Board of Education the $500 plus applicable benefits.

—approved out-of-state trips for East Franklin Junior High School 9th grade to Pigeon Forge, Tenn. May 12-14, Tharptown 10th and 11th grade Talent Search students to Mississippi State University April 22, 2026, Tharptown Elementary 6th grade to Veterans Park, Bulldog Burger Company and Elvis Presley Birthplace in Tupelo on April 23, 2026, Belgreen Elementary 5th grade to Atlanta Braves Stadium Truist Park April 30, 2026, Red Bay 11th and 12th grade students to Northrop Grumman in Iuka, Miss., April 14, 2026 and Tharptown High School Rocketry Team to Washington, D.C., for Nationals of National Rocketry Challenge May 13-18, 2026.

—Personnel moves including: Retirement of Kimberly Willingham, custodian, Belgreen, Robynn Bragwell, Director of Child Nutrition Program, Franklin County Schools, Marti Page, Child Nutrition Program Assistant Red Bay, Cristel Malone, Tharptown Elementary teacher, Kathy Welborn, bus driver at Belgreen, Karren Sewell and Tara Oliver, Belgreen Elementary teachers, Tara Oliver, TEAMS Teacher Contract, Colby Cox, teacher Belgreen, Tonyca Scott, Vina Elementary teacher, Sandra Oliver, Paraprofessional, Belgreen and William Winstead, Phil Campbell High School teacher. Resignations of Trey Nanney, temporary instructional aide, Red Bay and William David Stacy, music teacher/Band Director at Phil Campbell High School, Resignation in Supplement of Trae Wiygul, head volleyball coach at Red Bay.

The next meeting of the Franklin County Board of Education will be Monday, May 18, with work session at 4 p.m., and meeting to follow.