How Amendment 1 Could Increase Funding for Franklin County Schools

When Alabama residents go to the polls on Tuesday, there will be one statewide amendment on the ballot.

“Proposing an amendment to the 2022 Alabama Constitution to grant certain section sixteens and to secure lands for schools which are owned by the Franklin County School System for a fee, located in Fayette and Walker Counties and for the exclusive use of schools belonging to the system Franklin County Schools to the Franklin County Board of Education; and ensuring the distribution of any proceeds and interest generated by the land.”

A recent analysis by the Alabama Public Affairs Research Council reveals the reasons for placing the amendment on the ballot and its possible outcomes depending on how Alabamians vote.

This proposal would amend the 2022 Alabama Constitution to allow the Franklin County School Board to manage land in Fayette and Walker counties and receive 100 percent of its revenues.

According to the Alabama Department of Conservation and Natural Resources, the area covers approximately 1,451 acres. Although the Franklin County School Board owns the property, it cannot manage leasing or sell the property without approval from the state superintendent of schools and the governor.

The land in question stems from an 18th century law in which the federal government designated land in each county to finance and support public education in that county. These areas were marked as the lands of the sixteenth section.

In the late 19th century, the Alabama Legislature recognized that not all Sixteenth Section lands had the same value and allocated more land to some school boards that were not earning as much revenue from their lands. Some school boards have been allocated land outside their county boundaries, indemnified land, and this is the case in Franklin County.

Both the sixteen-section land and the indemnity land are owned by the State of Alabama, with the proceeds held in a trust fund by the Alabama Department of Education. ADCNR manages the land and collects a 10% management fee, leasing it for timber, hunting and mining rights. In fiscal year 2024-2025, the land generated $26,467 in hunting leases.

If the amendment were approved, the Franklin County School Board would be able to manage the land, receive all the revenue it generates, and do so without approval from the state superintendent of schools and the governor.

Currently, Fayette County Schools, Fayette County Schools, Walker County Schools, and Walker County Schools do not receive any revenue from these lands, and this situation will remain unchanged because these school systems own other properties.

It is worth noting that approximately 225 acres of land in Franklin is located at the intersection of State Highway 13 and Interstate 22. However, if the Franklin County School Board sells 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 revenues, depending on future developments.

If the amendment is not passed, the Franklin County School Board will remain the owner of the land and will receive 90 percent of the revenue generated by the property. The Franklin County School Board would need approval from the state superintendent of schools and the governor to sell the land, and the land would continue to be managed by ADCNR.