ORNEY GENERAL 

OF EXAS 

~R*WPORD c. MARTIN 

*x-rORNEY GENERAL 

August 1, 1967 

Won. Alwin E. Pape 

County Attorney 

Guadalupe County 

Seguin, Texas 

Opinion No. M-113 

Re: Power of Guadalupe-Blanco River 

Authority ‘to subdivide and sell 

certain lands not necessary to 

the business of the district. 

You have requested the opinion of this office in regard to the, following 

qnaation : 

Whether Guadalupe-Blanoo River Authority has the authority to subdivide and sell property-in competition to the Estate from which 

said property was derived, or whether it must first be offered for 

sale to the Estate from which it is derived? 

‘~ Guadalupe-Blanco River Authority, hereinafter referred to as GBRA, is a 

caratura of Art. 8280-106 and possesses the rights, privileges, and functions: 

conferred by General Law upon such Districts, 

However, going beyond the application of the General Law, the Act specifically authorizes the following powers: 

Section 2(e). “to acquire by purchase, lease, gift or in any other 

manner (otherwise than by condemnation) and &maintain, use .nd 

operate any and all property of any kind, real, personal, ormixed, 

or any interest therein, within or without the boundaries of the 

District, necessary or convenient to the exercise of the powers, -’ 

rights, privileges and functions conferred uoon it by this Act.” 

Section Z(i). “. . . to construct, extend, improve, maintain, . .’ . and to 

use and operate, m and all facilities of any kind necessary or convenient 

to the exercise of such powers, rights, privileges and functions;” 

(Emphasis added.) 

Construing the above provisions, we think the questioned activity of subdividing and selling of lands not necessary to the business of GBRA is within the 

power of GBRA as specified by the Legislature. Subsection 2(e) above clearly 

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Hon. Alwin E. Pape, page 2 (M-113) 

authorizes GBRA to acquire and use any land which is either necessary or convenient . Since the land obtained from the Estate in question has proven not 

to be necessary to the business of GBRA, it authorizes the sale or other disposition of property not necessary to the business of the District. 

The statute does not require, however, that the property be sold to the 

former owner and it may be sold to the former owner or anyone else. The statute, 

however, likewise does not contemplate that GBRA would be in the real estate business and, in our opinion, does not give the District the authority to install 

roads, utilities and other improvements not necessary for the general purposes 

of the District but solely for the purpose of selling surplus lands. 

SUMMARY 

GBRA property which is not necessary to the business of the,District 

may be sold to one or more purchasers and does not have to be but may be 

sold to the original owner. The District may not make improvements solely 

for the purpose of selling surplus land. : 

Yours/jery, truly, 

General of Texas 

Prepared by Roger Tyler 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

John Duren 

Fred Davis 

Alan Minter 

Polk Shelton 

STAFF LEGAL ASSISTANT 

A. J. Carubbi, Jr. 

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