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Honorable Neal .E. Birmingham 

Criminal District Attorney 

Cass County Courthouse 

P. 0. Box 555 

Linden, Texas 75563 

Dear Mr. Birmingham: 

Opinion No. M-959 

Re: Whether H. B. 305 and S. B. 

240, 62nd Leg., R.S., 1971, 

conflict as to the filing of 

condemnation cases in Cass 

County, and related questions. 

You request our opinion construing Senate Bill 240 and House Bill 

305, both enacted by the 62nd Legislature at its Regular Session in 1971, 

wherein they relate to eminent domain proceedings in Cass County. Specifically you ask, 

‘1. . . with whom should a proceeding in eminent 

domain be instituted, who will appoint the special commissioners, receive their awards, and, in the absence 

of an objection to such awards, file judgment? ” 

You state that Cass County has no county court at law. 

Our opinion is that a petition in condemnation should be filed with 

the Judge of the 5th Judicial District Court of Cass County who has jurisdiction over all further proceedings. 1 

Senate Bill 240 is the latest act of the Legislature and will prevail 

over House Bill 305 to the extent of any irreconcilable conflict. 2 Ex parte 

1. This opinion does not cover the period of time between May 19, 1971, 

the effective date of H. B. 305, and June 9, 1971, the effective date of 

S. B. 240. 

2. H. B. 305 was passed by the House on April 29, 1971, and by the Senate 

on May 13, 1971. S. B. 240 was finally passed by both the Senate and 

the House on May 31, 1971. 

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Honorable Neal E. Birmingham, page 2 (M-959) 

De Jesus De La 0, 227 S. W. 2d 212 (Tex. Grim. 1950); Attorney General’s 

Opinions No. M-501 (1969) and No. V-990 (1950. ) To the extent the two 

Acts may be reconciled both must stand. Wright v. Broeter, 145 Tex. 142, 

196 S. W. 2d 82 (1946. ) 

We know of no law in effect at the time of the enactment of Senate 

Bill 240 or House Bill 305 which granted to the county court of Cass County 

any special jurisdiction in eminent domain cases. Both of these Acts removed from that court differing jurisdiction in eminent domain cases. Touse 

Bill 305 removed certain trial jurisdiction and vested it in the 5th Judicial 

District Court. Cass~ County is in this Judicial District and no other. Art. 

199, v. c. s. Any and all jurisdiction relating to eminent domain which may 

have remained in the County Court after the enactment of House Bill 305 was 

wholly divested by Senate Bill 240 which was subsequently enacted. (See 

footnote 2. ) Section 1 of the latter Act reads, 

“The district courts of all counties in the State 

shall have jurisdiction concurrent with the county courts 

at law in eminent domain cases. The county courts shall 

have no jurisdiction in eminent domain cases. ” (Emphasis 

added. ) 

Further, Article 1960, Vernon’s Civil Statutes, as amended by Sec. 

7 of Senate Bill 240 reads in part, 

‘1. . . The county courts shall have no jurisdiction 

in eminent domain cases. ” 

Section 2 of Senate Bill 240 reads, 

“In all counties in which there is no county court 

at law with jurisdiction of eminent domain cases, the 

party desiring to initiate condemnation proceedings shall 

file its petition with the district judge; and objections to 

the award of the special commissioners shall be filed in 

the district court. ” (Emphasis added. ) 

Our opinion is that a petition in condemnation should be filed with the 

Judge of the 5th Judicial District, and that he should appoint the special commissioners, receive their award and, in the absence of an objection thereto, 

enter judgment. 

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Honorable Neal E. Birmingham, page 3 (M-959) 

SUMMARY 

In proceedings in eminent domain in Cass County 

the petition in condemnation should bd filed with the Judge 

of the 5th Judicial District, and he should appoint the special 

commi$sioners, receive their award and, in the absence of 

an objection thereto, enter judgment. 

eneral of Texas 

Prepared by John T. Richards, II and Ronald E. Tigner, 

Assistant Attorneys General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Jerry Roberts 

Watson Arnold 

S. J. Aronson 

William Travis 

SAM MCDANIEL 

Acting Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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