HonorableD. C. Weer OpinionNO. 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 Intendeduse 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 requestingan opinion from this office .aato whether the Hlghway Ccmmlsslonmay, under Article 6673a, V.C.S., legally sell surplus land and lmprovements to the County of' Maverick f'or

an establishedvalue without advert¶Bmentand without requestingsealed bids from the general public, when the intendeduse to which the land and lmprotiements

is going to be put 1s for a county roads warehouse.

This office ha8 previously renderedan Opinion No. C-434, dated May 6, 1965, which is squarely in point and applicaPle to the presetit

inquiry.

This question wa.s consideredin opinionsrendered in @ Paso Count v. The City of El Pa8o, 357.S.W.26783 (Tex.Clv. GK-&y-@yung sville IndependentSchool District v.
B%irkhese &&s (T A 1942, error ref wk.). concex%'?ia%'area intended to-be convertedto school purposes.. . -

HonorableD. C. Greer, page 2 (C-469 )

In both decisions the court was Interpreting Article 1577 V.C.S., and In both cases It was recognizedthat there existeda right of eminent domain on the part of the polltlcal subdivisionsof the governmentpurchasingthe land. In upholdingand ratifyingthe action of the county to sell lands for another public purpose the court held In the El Paso case, supra: -

"We think the statutes hereinabovereferred to do apply wherever a political subdivision, subject to such statutes,desires to dispose of any of Its public land to an individualor prlvate agency, but not where such political subdlvlsion with the power of eminent domain and condemnation chooses to'deal with Its oppositenumber and reach an.agreement as to the change of public use, rather than.to resort to the expensiveand tediousmedium of litigatingthe entirematter through the courts,, therebyholding 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 appointmentof commissioner to sell county land at public auctionand statute relating'toabandonmentof 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 publicuse.
The ICI svllle case, tioli&Fi-b supra, uPheld the right of this dlsposle pu llc lands for the public Interestwithout bids. The C&XI% held In effect: A city park devoted to public use couldbe taken for anotherpublic use and converted Into public schoolground, where~cltyand school authoritiesdetermined that its use for school purposeswaa necessaryand that It was not practical or possible to use any other property.

Althou@ Article 1577, V.C.S. is concernedwith the selling by the County of surplus lands, It Is not any different from Article6673a, V.C.S. 'which deals with conveyances by the HighwayCommissionof their surplus lands. Interpretations by the courts regardingArticle 1577, V.C.S. are logically applicable

to Article 6673a, V.C.S., as both articles deal with dispositionof surplus lands by the State or a political subdivision

thereof.

-223 l-HonorableD. C. Greer, page 3 (c-469 )

SUMMARY

In upholdingAttorney General Opinion C-434 It Is reiteratedthat the State Highway Commission under authority of Article 6673a, V.C.S. can legally sell the surplus land and Improvementsto Maverick County for the established value of the land and improvements without advertisingand 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 

# mG

DA AssistantAttorney 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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