A NETiT


### TEXAS

September 13, 1949
lion. llathan M. Ho1t Opinion Ilo. v-go0

. County Attorney Panola county Re: The legality ef PamU County Carthage, Texas entering Into a lease agreerent vlth private citizens for airport fadilltles. Dear Sir: Your request fer an eplnlen Is in part as fellows: "It Is requested that yeur office render an eplnlon on the legality, of Panola County, Texas entering into a lease agreement with private citizens for airport facllltier In the restricted manner evidenced by the enclosed contract and further whether they can enter into a lease agreement for 'alrport,fa~llltler under any twt~y~;-a+ related ~m%~fip~,p ', "~'_, ,~ It was held in Attorney ,Qenerallb'Oplmien Re. O-4972 that there was no provision In the statutes ef this State which would authorize a county to acquire land for an airport by lease from an lndivldual. Subsequent to this Opinion, H.B, 334, Acts of~the 30th Legislature, 1947 Chapter 114, page 183 (.Aitidle,466-l-- 466-22, W.C.S.j, was enacted. ,;* "~,

Article 46d-1 provides: '~';" ,,~I: ,, “As used in this Act, unless~-~t~~#hext.~ .: :., othervlse requirea.

"(d) gMunlcipalityw means any, county, or any incorporated city, village or townof .thir state. Wunlcipal~ means per~lningto a municipality as herein defined. Article 46dd provides: '(a) Establ+vhment,, Operation, Iand ACquisition. Every mGnitilpalityy?$s author,iz,ed ;,.I ,>(. ,,Hon. Hathan M. Holt, page 2 (V-900)

out of any appropriations or other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the terrltorial limits of such municipality and within or without the territorial boundaries of this State, including the construction, lnstallatlon, equipment, maintenance and operation at such airports of buildings and other faclllties for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods and commodities as an incident to the operation of its airport properties. !--%F- poses the munlcinftllty mayuse an avails e property that It nag now or hereafter own or control and may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acauire property, real or personal, or any Interest therein including easements In airport hazards or land outside the boundar-

‘ies of an airport or alrnori;-site, as are necessary to nermlt aafe and efficient operation of the airport or to permit the removal, elimination, obstructlon--marking of obstruction--1ig hting of airport hazards or todprevent the establishment of airport hazar s.

“(b) Acquisition of Exlstlng Airports. The munlcipallty mayby purchase, gift, devise, lease, proceedings or otherwise, acquire existing airports and air nav.lgatlon’ faclllties, provided however it shall not acquire or EiG over any airport or air navigation facllity owned or controlled by another municlpallty or public agency of this or any other State without the consent of such municipality or public agency.” Under the provisions of Article 46d-2 Pan&a. county, acting by and through its Commissioners’ Court, has the express authority to lease.existing airport facilities from private citizens or individuals.

The Commissioners’ Court, acting under this authority, leased from W. C

. Martin of Panola County the surface of ninety acres of land for the purpose of

### Hon.RathanM. Hclt, page 3 

### (V-900)

airportlandingstripsand facilitiesonly. You have pointedout certa+nobjectleasto the ceatract,suchas the restrictedcontrolof the improvements aad 

### alleged lack of presentbesefltto the county. All of thisgees to themerits of the contractratherthan Its legality. The term of the particularcontractare subject to 

### the dlscretiQnof the Commissioners’ 

### Court so'lexgas they are 

### vlthln the generalauthorityof the statute.

In view of Article46d-2, it is 

### eur opinion that theCommissioners tCourt of PanolaCountyacted 

### within Its statutoryauthorityvhen It enteredinto the lease contractabovereferredto.

JR:bh The Commissioners8 Court of PanolaCounty has authorityto leasefrom individualsexlstingairportfacilities. Article 46d-2, V.C.S.


### Yoursvery truly, ATTORREYORRERALOF TEXAS

JohnReeves Assistant

APPROVED $iL.$s!! ATTORHEY0EJtEREd.a