June 16, 1953

Hon. Glbb GIlchrIst Chanaellor Opinion No. s-52.
Texas A & M College System Re: Authority of the Board CollegeStation, Texas of Directors of the A & M College System to discontinueoperation of the programs being conductedat BluebonnetFarm and to execute a quItclaIm deed to the United States In conalderatlon of reimbursement for costs there exDear Sir: pended by A & M.

You have requestedan opInIon as to the legality of a conveyanceby the Board of Direotors of Texas A de ldCollege System of certain lands known as Bluebonnet.~~Parm,

aoqulred by the Texas A & M College System bj.8 ilded

without warranty from the United States of America, acting by and through the War Assets AdmInIstratioti,

and a qultclalmdeed by the Farm SecurityAdministration,0. S. Departmentof Agriculture.

The conveyanceby the deed without warranty was made vith certain conditions,one of which follows:

"FIRST: That for a period of twentyfive (25) years from the date of this conveyance said premisesshall be continuously used as and for agrioulturalresearch, educationaltraining program,experimental and developpentwork with livestock,demonstration farms, and for purposes incidental to the educationaland agricultural activities of A & M College of Texas, Its successors and assigns, but for no other purposes."Hon. Glbb Gilchrist, page 2 (S-52)

The deed states that If there la a breach of one of the conditionsso set out,
...a11right, title landInterest in and to the said premises shall, at its option, revert to and become the propertyof the United States of America which shall have the immediateright of entry upon said premisesand the sala A & M College of Texae, Its successors or assigns shall forfeit all right, title and Interest m.an The provisionsof the quitclaimdeed are substantiallythe same.,

Therefore,under the conditionalprovisions of the deed without warranty and the qultclalmdeed, the Board of Directors of Texas A 8c ldCollege System can at any time abrogate Its responalbillty by abandoning the propertyana ceasing to use It In the manner prescribedby the raid Instruments.

The executionof a deed without warranty and a quitclaimdeed by the Board of Directors of the Texar A & M College System to the United States off America Is merely the declared Intentionof the Board of Dlrectars that it is abandoningthe propertywhich It has been using for purporerdesignated in the deed without warranty and quitclaim deed by which It acquired title from the United States of America, and that the reverter clause should take effect Immediately.

Since this authority Is so given to A & M College it would be legal and proper for the Board of Dfrector8 bf A & l&College System to convey the lands by executlng a quitclaimdeed to the United States Government upon payment by the Government for costs expended there byA &M:.Hon. Gibb Gllchrlst, page 3 (S-92)

SUMMARY The Board of Directors of the A & M College System has authority to discontinueoperationof the programs being conductedat Bluebonnet Farm and to return sala farm by executing a quitclaimdeed to the United States In consideration of relmbursement for costs there expendedby A & M.

APPROVED: Rudy G. Rice State Affairs Dl~lslon
C. K. Richards Revlewer
Robert S. Trottl First Assistant
John Ben Shepperd Attorney General Yours very truly,
JOHN BEN SREPPERD AttorneyGeneral