TIfSEA ORNEY GENE 

OF TEXAS 

Honorable Patrick A. Myers 

County Attorney 

Jack County 

Jacksboro, Texas 

Dear Mr. Myers: 

Opinion No. w-1098 

Re: Whether a Commissioners' Court may 

issue time,warrants 

to secure money with 

which to satisfy 

judgments in condemnation suits 

brought by it to 

obtain right of way 

for the construction of a farm-tomarket road. 

Yours letter of June 27, 1961, states that 

certain condemnation suits brought by Jack County 

have resulted in judgments against the County, totaling about $15,000. Under an agreement with the State 

Highway Department, these suits were brought to 

procure right of way for a farm-to-market road. Since 

the County has exhausted the funds available for this 

purpose, the issuance of time warrants is being considered. Our opinion as to the authority for issuing 

time warrants in this instance has been requested. 

The circumstances are related with more 

particularity as follows: 

"1. The County's Road and Bridge 

fun and Lateral road fund (Art. 

7 44 a) are exhausted. 

2. The County now has two condemnation judgments against it for 

approximately $15,000.00. 

3. Time warrants will be issued to 

a bank and the money used for payment of the judgments. 

4. The bank refuses to loan the 

money until we obtain an Attorney 
^ - 

Honorable Patrick A. Myers, page 2 (w-1098) 

General's opinion approving the 

legality of issuing time warrants. 

5. A sinking fund will be created 

from current taxes or an additional 

tax levied under Article 7048a. 

6. The population of Jack County 

is approximately 7,000 persons and 

the assessed tax eva&uation just 

over $23,000,000.00. 

Commissioners' Courts may condemn land for 

right of way needed for the construction of state 

highways. Article 6674n, Vernon's Civil Statutes. 

A farm-to-market road is a state highway. Gill v. 

Falls County, 243 S.W.2d 277 (Civ.App. 19517 

The landmark case of Lasater v. Lopez, 110 

Tex. 179, 217 S.W. 373 (1919) established that time 

warrants might be issued by Commissioners' Courts for 

the construction of roads within their counties. See 

Article 2351, Subsection 10, Vernon's Civil Statutes. 

Attorney General's Opinion No. O-6834 (1945) 

held that time warrants could be issued to pay for the 

purchase of right of way for farm-to-market roads. In 

this respect we see no material distinction between 

acquisition by purchase and acquisition by condemnation. 

Indeed, Article 6674n speaks of securing right of way 

'by purchase or by condemnation." 

It is accordingly our opinion that the paying 

of judgments in condemnation suits brought to secure 

right of way for a farm-to-market road constitutes a 

lawful and proper purpose for the issuance of time 

warrants by Commissioners' Courts. 

SUMMARY 

A Commissioners' Court may issue 

time warrants to secure money with 

which to satisfy judgments in condemnation suits brought by it to 

obtain right of way for the construction of a farm-to-market road. 
k- - 

Honorable Patrick A. Myers, page 3 (W-1098) 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

GH:lgh 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

W. Ray Scruggs 

Elmer McVey 

John C. Steinberger 

Sam Ray Wilson 

REVIEWED FOR ATTORNEY GENERAL 

BY: Morgan Nesbitt 

B