OIRNEPGE~~I. 

OFTEXAS 

Hon. Fred Harris 

$ounty Audit,or 

Polk county 

Livingston, Texas 

opinion No. O-2405 

Ret Highways - Pipe Lines 

Dear Sir; 

Your request for opinion has been received and carefully considered by this department. We quote from your letter 

of request as follows: 

“Attached you will find ‘a copy of a franchise, 

that Polk County made with or to SKELL PIPE LINE 

CORPORAl!ION, in 1931, which is self explanatory. With 

this franchise and the laws of Texas, please advise me 

on the following: 

“Under the above authority SHELL PIPE LINE CODPOEUTION laid pipe lines and erected telephone lines 

in Polk County, under above, etc. the roads of Polk 

County, then in 1938 balk County was called upon by 

the State highway Dept. to secure right-of-way for 

various highway constructions most of which was newly 

located, along the old highways, then it followed 

that the SEELL PIPE LINB CORPORATION was called upon 

to lower their pipe in several places and to case 

said pipe at these new locations, some of these new 

locations was only a few yards of the old location, 

but the above mentioned work was necessary. 

‘“About December 1938, SHELL PIPE LINE CORPOBATION presented Polk County with an account, representing that this was cost on said job, Polk County Commissioners Court passed an order that same be paid, 

but I refused to sign said warrant, and to date they 

have not received their money, however they now demand 

that this account be paid. 

“1 refused to sign this warrant, because I was of 

the opinion that their franchise called for them to do 

this kind of work at their own expense, for the privilege of crossing, etc. our roads at their will and 

pleasure same being the only consideration that Polk 

County received for said franchise. 
. . 

Hon. Fred Norris, page 2 (O-2405) 

“Now the present Commissioners Court, at a recent 

meeting rescinded the order that their predecessors 

passed, ordering that this account be paid. 

ent court says not to pay this account.) 

(The pres- 

“Please advise as to your opinion, as to whether 

Polk County owes SH&L PIPE LINE CORPORATION anything 

or not .‘I 

The order of the commissiorrrs~ court, attached to your 

letter, reads as follows: 

“ORDW 

“Now, on this the 13th day of July, 1931, The Board 

of County Commissioners of Polk County, Texas, having 

convened in regular call, pursuant to law, and it appears 

that the following members of said Board were present, 

to-wit: 

W. J. Tullos, 

County Judge, Polk County 

John McLeod, 

Commissioner, Pre. #2 

Carl Bergman, 

Commissioner, Pre. 813 

Fred Handley, 

Commissioner, Fre. #4 

“And it appearing that said meeting has been in all things 

lawfully convened end there coming on for hearing the application of the SHELL PIPE LINE CORPORATION, praying for 

authority to use certain highways and public places in Polk 

County for the purpose of laying pipe lines in Polk County 

and erecting a line or lines of poles with telephone and 

telegraph wires thereon, and said application having been 

duly considered, and it appearing that the same ought to be 

granted. 

wNOW, IT IS ORDWRD, CONSIDERED AND ADJUDGED, that said 

SHELL PIPE LINE CORPORATION, its successors and assigns are 

granted authority to use the highways and public places of 

the County of Polk, State of Texas, and to lay thereon, 

through, over, under and across the said highways and public places in said County, pipes and pipe lines for the 

transportation of oil, petroleum and/or any of its products, 

gas, water, refined oil and other substances and/or any 

thereof, with the right to construct, reconstruct, replace, 
Hon. Fred Norris, page 3 (O-.+5) 

renew, maintain, repair, operate change the size of, 

and remove said pipes and pipe lines. 

“There is also granted the said Shell Pipe Line 

Corpor,ation, its successors or assigns, the right to 

erect and maintain, through, under and, across said 

highways and public places of the County of Polk 

State of Texas, a line or line of .poles, with teiephone and telegraph..wires thereon and also the right 

to lay adjacent to and parallel with the first pipe 

line or lines other pipe lines; and the said grantee, 

its successors’and assigns, is granted the right of 

ingress and egress to and from sald lines or any of 

them, for the’purposes of construction, inspection, 

repairing, renewing, operating, changing the size of, 

or removing the same, ,together with the right of removal of such, in whole or fin part; said grantee, its 

successors or assigns to select the route,of such 

lines. Erovided. all DiDe- 

“Done by the Board of County Commissioners of 

Polk County, Texas this 13th day of July, 1931. 

“ATTEs!rr 

I 

glex 

Chairman of the Bbard. 

UEAL) 

Filed July 13th; 1931 

ty, Texas.” 

&ticle 1497, Vernon’s Texas Annotated Civil Statutes, 

reads as follows: 

“Such ‘corporation shall ,have the right and power 

to enter upon, condemn and appropriate the lands, right 

of way, easements and property of any person or corporat ion. Such c~orporation shall have the right to lay its 

pipes and pipe lines across and under any public road 

or highway or under any railroad, railroad right of way, 

street railroad, canal or stream in this State, and to 

lay its pipes and .pipe lines across or along and under 

any street or alley in any incorporated city or town in 

this State with the consent ‘and under the direction of 

the governing body of such city or town. go oioe l&azi 

1 be lwallel with a&3 on anv ac h&g&&y, 
Hon. Fred Norris, page 4 (O-2405) 

thereof. exceot with the aooroval and under the wtion of’ the c-s court of the county in whic& 

der any cemetery, church or college, school house, residence business, or storehouse, or through or under any 

building in this State, except by the consent of the 

owner or owners thereof. All such pipes and pipe lines, 

when same shall pass through or over the cultivated or 

improved lands of another, shall be well buried under 

ground at least twenty inches under the surface, and 

such surface shall be properly and promptly restored by 

such corporation unless otherwise consented to by the 

owners of such land. When such pipes and pipe lines 

shall be laid over or along any uncultivated or unimproved lands of another, and such lands shall thereafter 

become cultivated or improved, such pipes or pipe lines 

shall be buried by’said corporation as herein provided 

for cultivated lands, within a reasonable time after 

notice by the owner of such lands 

corporation or any agent thereof.?’ 

or his agent, to said 

(Underscoring ours) 

Article 6022, Vernon’s Texas Annotated Civil Statutes, 

reads as followss 

“Every person, firm, corporation, limited partner-.. 

ship, joint stock association, or association of any kind 

whatsoever owning, operating or managing any pipe line, 

or any part of any pipe line within this State for the 

transportation of crude petroleum that is declared by 

this title to be a common carrier, shall have the right 

~--and -power off eminent domain in the exercise of which he, 

it or they may enter upon and condemn the lands, rights 

of way, easements and property of any person or corporation necessary for the construction, maintenance or operation of his, its or their common carrier pipe line; and 

shall have the right to lay his, its or their pipes or 

pipe lines under any railroad, railroad right of way, 

street railroad canal or stream in this State; and along 

and under any street railroad, ,canal or stream’ in this 

State; and’.along ,and under any street or alley,& any incorporated city or town in this State with the consent 

and under the direction of the governlng body: of- such city 

or town; and across and under any public road,. provided 

that, no pipes or pipe lines shall be laid parallel with 

and on any public highway closer than fifteen feet from 

the improved section 
, 

: 

Hon. Fred Norris, page 5 (O-2405) 

thereof except with the approval and under the direction 

of the commissioners court of the county in,which such 

publichighway is ,located; and such other rights in the 

matter of laying pipes and pipe lines as are conferred by 

Article 1497, ~subjec,t to the conditions, limitations and 

restrictions therein stated.@ 

Article 6021, Vernon’s Texas Annotated Civil Statutes, 

- we reads as rollowa5 

“The right to run pipe Sines, telegraph and telephone 

lines along, across or over any public road or highway 

can only be exercised upon condition thatthe traffic 

thereon be not interfered with, and that such road or 

highway be promptly restored to its former condition of 

usefulness, and the restoration thereof to be subject also 

to the supervision of the commissioners court or other 

proper local authority. In the exercise of the privileges 

herein conferred, such pipe lines shall compensate the 

county or road district, 

to such public road. 

respectively, for any damage done 

Nothing herein shall be construed to 

grant any pipe line company the right to use any public 

street or alley of any incorporated or unincorporated city 

or town, except by express permission from the governing 

body thereof .I1 

Commissioners1 courts are courts of limited jurisdiction, 

in that their authority extends only to matters pertaining to the 

general welfare of their respective counties and that their powers 

are only those expressly or impliedly conferred upon them by law, 

that is, by the Constitution and statutes of the State. 

Jurisprudence, pages 564-5. 

11 Texas 

The license granted by the county to the pipe line company shown above is subordinate to the paramount right of the 

county to construct, alter, repair and maintain the roads of the 

county. The law. requires that the pipes and pipe lines be so buried and covered as not to interfere with the use and occupancy 

of roads and highways. c&t. 1497) The coverlng and burying of 

pipe lines to proper depths so as not to interfere with roads and 

highways is a legal duty of the pipe line company; it follows that 

the expense of such compliance is an expense chargeable to the 

pipe line company. Neither the law nor the license granted would 

make the county liable for such expense. 

You are therefore respectfully advised that it is the 

opinion of this department under the facts stated in your letter, 
Hon. Fred Norris, page 6 (O-24O5) 

that the commissioners' court of Polk County, Texas, has no 

authority to pay the claim described in your letter. 

Yours very truly 

A!l'TORNmGENERAL OF TEXAS 

By /s/ Wm. J. Fanning 

Wm. J. Fanning, Assistant 

APPROVED J-m 8, 1940 

/s/ Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

APPROVED: OPINION COMMITTEE 

BY: BWB, CHAIRMAN 

WJF:AW:wb