Honorable D. C. Weer Opinion NO. c-469 

State Highway Engineer 

State Highway Department Re: May the State Highway ComAustin, Texas mission, under authority of 

Article 6673a, V.C.S., sell 

surplus land and lmprovements to the County of Maverlck.for ,the established 

value without advertising 

and without requestlng'sealed 

bids from the general public, 

when the Intended use to Abe 

made of the property by the 

County of Maverick 1s for 

another public use viz, 

Dear Mr. ffreer: county roads warehouse? 

This 1s in regard to your letter requesting an opinion from 

this office .aa to whether the Hlghway Ccmmlsslon may, under 

Article 6673a, V.C.S., legally sell surplus land and lmprovements to the County of' Maverick f'or an established value 

without advert¶Bment and without requesting sealed bids from 

the general public, when the intended use to which the land 

and lmprotiements is going to be put 1s for a county roads 

warehouse. 

This office ha8 previously rendered an Opinion No. C-434, 

dated May 6, 1965, which is squarely in point and applicaPle 

to the presetit inquiry. 

This question wa.s considered in opinions rendered in @ 

Paso Count v. The City of El Pa8o, 357.S.W.26 783 (Tex.Clv. 

GK-&y-@yung sville Independent School District v. 

B%irkhese &&s 

(T A 1942, error ref wk.). 

concex%'?ia%'area intended to-be 

converted to school purposes. 
. . 

- 

Honorable D. C. Greer, page 2 (C-469 ) 

In both decisions the court was Interpreting Article 1577 

V.C.S., and In both cases It was recognized that there 

existed a right of eminent domain on the part of the polltlcal subdivisions of the government purchasing the land. 

In upholding and ratifying the action of the county to sell 

lands for another public purpose the court held In the El 

Paso case, supra: 

- 

"We think the statutes hereinabove referred 

to do apply wherever a political subdivision, 

subject to such statutes, desires to dispose of 

any of Its public land to an individual or prlvate agency, but not where such political subdlvlsion with the power of eminent domain and condemnation chooses to'deal with Its opposite number 

and reach an.agreement as to the change of public 

use, rather than.to resort to the expensive and 

tedious medium of litigating the entire matter 

through the courts,, thereby holding up the pub110 benefit and depleting to some extent the tax 

funds of the subdLvislons Involved." 

The court In effect held that:' Although statute requlrlag appointment of commissioner to sell county land at public 

auction and statute relating'to abandonment of county parka 

are applicable wherever a political ~subdlvlslon, subject -to 

such~statutes, desires~ to dispose of any of Its land to an 

lndlvldual or prlvate.agency, nelthir statute Is applicable 

where political subdlvlslon with power of-eminent ,domaln and 

condemnation chooses to deal with another political subdivlslon having such power and reach an agreemetit as to change of 

public use. 

The ICI svllle case, 

tioli&Fi-b 

supra, uPheld the right of this dlsposle pu llc lands for the public Interest without bids. 

The C&XI% held In effect: A city park devoted to public use 

could be taken for another public use and converted Into public school ground, where~clty and school authorities determined that its use for school purposes waa necessary and that 

It was not practical or possible to use any other property. 

Althou@ Article 1577, V.C.S. is concerned with the selling 

by the County of surplus lands, It Is not any different from 

Article 6673a, V.C.S. 'which deals with conveyances by the 

Highway Commission of their surplus lands. Interpretations 

by the courts regarding Article 1577, V.C.S. are logically 

applicable to Article 6673a, V.C.S., as both articles deal 

with disposition of surplus lands by the State or a political 

subdivision thereof. 

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Honorable D. C. Greer, page 3 (c-469 ) 

SUMMARY 

In upholding Attorney General Opinion C-434 

It Is reiterated that the State Highway Commission 

under authority of Article 6673a, V.C.S. can 

legally sell the surplus land and Improvements to 

Maverick County for the established value of the 

land and improvements without advertising and wlthout accepting sealed bids from the general public 

when the proposed use to which the land Is going to 

be put Is for a county roads warehouse. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

DA mG 

Assistant Attorney Qeneral 

DL:gm 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

John Reeves 

Milton Richardson 

APPROVEDFGRTHEATTORNEY GFNERAL 

BY: T. B. Wright 

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