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. 

poses the munlcinftllty may use an !--%F- 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 may by 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. Rathan M. Hclt, page 3 (V-900) 

airport landing strips and facilities only. You have 

pointed out certa+n objectleas to the ceatract, such as 

the restricted control of the improvements aad alleged 

lack of present beseflt to the county. All of this gees 

to the merits of the contract rather than Its legality. 

The term of the particular contract are subject to the 

dlscretiQn of the Commissioners’ Court so'lexg as they 

are vlthln the general authority of the statute. 

In view of Article 46d-2, it is eur opinion 

that the Commissioners t Court of Panola County acted 

within Its statutory authority vhen It entered into the 

lease contract above referred to. 

JR:bh 

The Commissioners8 Court of Panola County 

has authority to lease from individuals exlsting airport facilities. Article 46d-2, V.C.S. 

Yours very truly, 

ATTORREY ORRERAL OF TEXAS 

John Reeves 

Assistant 

APPROVED 

$iL.$s!! 

ATTORHEY 0EJtEREd.a