.. 

### THE.ATI?ORNEYGESERL%L

OF~EXAS Acsmn-. TEXAS
April 24, 1948

Hon. L. E. Klq CountyAttorney Sablne County Hemphill, Texas Opinion Ao. v-553
Re: Authority of Commissioners’ Court to atDear Mr. King:

Your as follovst

“Can tach land to a Stock Law District vhich is not adjacent thereto.

lrequestfor an opinion Is substantially

the Commlsslon8rs’ Cou.Pt of the County,upon the petition of 13 freeholders,none of whose land adjoins ‘. the Stock Law District that vas created by the Municipality, order the terrltoryattached to theMunicipality,

### where there 1s~

a tract of land betveen the bnlclpallty and the 13 petitionersvhose ovnerhas not petitioned to become a part of the Stock Law~Dlstrlct?
“Ihave advised the Commissioners’ Court that they could not join the~Munlcipallty (whichhas a Stock hv District) and run their lines through the tract that adjoined the Municipality (butvaa between theMunlclpalltgand the petitioners)ulthout the consentnof the~ovnerof the tract so Intervening. Article 69311 V. C. S., 1s as follows: “UhenevePthere is territory,betveen two (2) subdlvlslons of a county~ vhlch have adopteda stock lav, or vhen there Is territoryadjoining a subdivisionvhlch has adopted a stock lav, in a county, or in an adjoining county, and In uch territory thereare less than fifty 750) freeholders,an election shallbe ordered on’
. ..
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Eon. L. B. gin&, page 2 (v-553)



### a petition of **a** 

### majorIt of the freeholder8 residing in such temltory by the **Commfs** 

### sionersCourt of the County in which the 

### territorylies, and the election shallbe held as providedby 

### lav in Other 

### casesrelating to the adoption of the at If there be less than twenty (20 Pck law.

### freeholders In such intervening

### or adjoining territory, then on petition of a majority of the ovners of the land to said Commlssloners Court, the said Commissioners Court shall Issue an order extending the stock law to said territoryand the same shall be included in the territory of such adjOi.I%lllg

subdlvlslon;in cases where there Bse no freeholder8 DD such iut8rV8XliIlg or adjoining territory, then on the petition of the ovner or ovners of the land to said 

### cosmissioners

court, the said Court shall issue an order extending the stock lav to said territory, and the same shallb8 lneluded In the territory of such adjolnlng subdlvislon;and any 'person

### orpersons who ovn lands adjoining any other lands vhich have been added to territoryin vhlch a stock law prevails, shallhave the same right, and on petition of the owner or ovners of such lands to the said Court, the said Court shall issue an order extending the **stock** law to said territory, and the same shallbe Included in the territory of such adjoining subdlvlsion."
Your factual situationreflects that the land of the petitioners **does** not adjoin thenStock Lav Distrlctbut that~there Is a tracts of land 

### Interveningbetveen the Stock Lav District and that of the petltlonera.

v. c. s., The constructionplaced upon Article 69 1,

In the case of Tubbev. Sample, 62 S.W.726) 362 (Clv.App. error diss&ssed, 1933) is to the effect that any defined territoryvhich adjoins a Stock Lav ~lt~~~rsp be added to suchdistrict upon petition of jacent to iheIn requiring the attached lands .to.~.beaddistrict or subdlvislonto which they 

### are added for stock lav purposes, It vas the evident intent of the Legislature to prevent the attaching of 

### segregated tracts 

### or territory not actually CoMected with the.*- i .

,. - Hon. L. B. King, page 3 (V-553)

stock lav district, thus insuring that suCh district shall at all timesbe a single,veil defined subdlvlslon.

It will b8 readily seen that the tract of land referred to in yOUI' request does UOt Come Vithin the meaning ofArticle 6931 and, therefore, it 18 the opinion of this department that the ~ommlssion8rs1 Courtmy not join land to a Stock Lav District 'whichis not adjacent but has an lntervening'tractof land b8tW88n the dlstrlct and the territorg to be jo%ned. 

### SUMNARY
A Comlssloners~ Court'mag not attach land to a Stock Law District where such land is not ad-jac8nt but has an lntervenlug tract of land b8tW88n the Stock LaW District and the terrltorg to be attaCE8d;
Yours very trulg, ATTORNEY GRNEXALyOF TEXAS

BW:lIlW B9Z-JJ Burnell Ualdrep Assistant

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