### TEZEATTORNEY GENERAL


### OF TEXAS

PRICE DANIEL AUEITIN1s. TEXAS

PJTORNEYGENERAL

AuLust 9, 1949



### Han.c.H.cPvnes8 State Auditor Austin, Texas Opinionv-878
Re: Present ownershipand custody of 6.46acrea 

### of lands,Travis County, Texas.
Dearsir:
Thequestion raised byyouIs stated Inyour letter asfollows:

“Werespectfully request your opinion as tothepresent status of asix andfortysix onehundredths (6.46)acre 

### tract ofland deeded,totheState ofTexasbyoneJoeeph A. 

### MegleonDecember 

### llth, 1883.

“Duringthe course of our current audit of the accounts of the (fame,Fish endOyster Co~lss1on, we learned 

### of adeed recorded in 

### the CountyClerk’s offloe- ofTravis County, Texas, Vol. 58, page276,oonveylng the above 

### mentionedtract of lead for the consideration
or Nine Hundred 

### endSixty-nine ($969.00) 

### dollrra.

“In ourattempt to eroerteln therlghtfail ourtodlen or this land, wereed the ep**proprlatlon** 

### bill ror 

### theyear ended February 

### 2gth, 1884(II asred 

### bythe 18thImgi8l&ture, Regular Searion7and round for 

### the drprrtrent or Fiuh 

### Conl~~~lonec enappropriation
ror 

### OneThourmd ()l,OOOiOO) Dollars which reed ~Conat~otiea of eddltlonel Fish Ponds andpuroheaeor ,lmd, 

### tobe approvedbythe Oovernor.I .A.sswlY that thelendwaftbought 

## ror thetmeor the lsh Commissioner wereed 

### hla report for theyear8 1883end1864, end found 

### mentionof thepurchase of the land In 

### question, to be used 

### bytheFish Commlsrloner a6 ‘CarpPonds,tHon. C. H. Cavness - Page 2 -V-878

“The office of the Fish Commissioner
was abolished by the 19th Legislature and its property transferred to the Superintendent of Public Buildln s (Gamel’s, Vol. 9, page 65 ). & and Grounds. Wefound In the report of the Superintendent of Public Buildin s 1885 and 18 6

8 and Grounds for the years that he had taken charge of the 6.46 acre tract In question and had offered It for sale or lease as authorized by the 19th Legislature, but apparently It was not sold - In the 1888 report from the same officer we again found the land mentioned as property of the State of Texas, Since that report, however, we have been unable to find any further mention of It.

“Does the State still ownthis land and, If so, In whose custody does it belong?”

Wehave read the above referred to deed es the
same appears of record in Volume 58, page 276 of the Deed Records of Travis County and find that it is the ordinary form of general warranty deed, containing no words of limltation, condition or reservation which mighti cause a reversion of the title. The deed does, however, contain a statement that the 6.46 acre tract is to Include the

“State Fish Ponds, ” thus indicating the existence of State ponds on the tract prior to the date of the conveyance.

Weare advised by a local abstracter that there is no evidence in the records of Travis County that the State has ever conveyed or otherwise disposed of the traot in question. Although wehave not been furnished with abatrects and therefore have not examined the title and do not pass on its validity into Nagle, nevertheless, it would appear from the investigation made by us and by your office that whatever title was conveyed by Nagle to the State has not been conveyed or otherwise disposed of by the State of Texas.

The State’s title is not affected by the lapse of time, lathes, adverse possessldn or the dereliction
or failure to act of its officers. Humble 011 &Reflglng Company v. State, 162 S.W.2d 119, 134 (Tex. Clv. App. 1942,
error ref.).Hon. C. H. Cavness - Page 3 -v-878

Based upon the foregoing, it would appear that whatever title the State got to the 6.46 acre tract is still vested In the State of Texas.

Subject to constitutional limitations, the power of the State with respect to Its lands and the property rights therein is vested in the Legislature and the Legislature alone can exercise the power necessary to the enjoyment and protection of such rights by enactment of statutes for that purpose. Daughters of the Republic, 106 Tex. 80, 156 %+%-%7 157 S.W. 937 (1913). Although apparently purihased in’ 1883 for an already exfstfng fish pond or hatchery, the land in question has at all times since and Is now subject to such use and disposition as the Legislature may determfne 0

In abolishing the offfce of Ffsh Commfssfoner, the 19th Legfslature, lr.s.1885, ch. 36, provided:

“Be ft er,acted by the Legislature of the State of Texas: That the office of Fish Commfssiorzer shall be and the same is hereby abolished; and the fish ponds nowbelonging to the State of Texas, together with all other property connected with said department, shall be taken charge of by the Superintendent of Public Buildings and Grounds, and shall be sold OP’leased by dfrectfon of the Governor at his discretion, at such time and In such
manner as!maybe considered mast advantageous to the State, and the proceeds arfsfng from aaid sale to be paid +nto the Treasury as a part 0r the general revenue, I9

It is OUPopinion that; this Act conferred upon the Superintendent of Publfo BuUdings and Grounds not only the duty of selling or leasing the property but, in addition, the general custody of all fish ponds and other properties belongfng to the State at that time under the supervision of the Fish Commlssfoner. The tPact in question clearly
was Included within the propertles,9 the custody of which
was transferred by said Act.

@heoffice of Superintendent of Public Bulldfngs and Grounds was created in 1874 (Acts 14th Leg., Ch. 98, ~~165) and continued to exist until January 1, 1920, when ft was abolished end the authority of the Super-Han, C, H, Cavness - Page 4 - V-878

fntendent conferred upon him by the provfsions of Chapter 1, Title 113, A.C,S. of 1911, was traneftrred to the Stat,& Board of Control, which came Into existence on that day, (Acts 1919, 36th Leg. R.S,, ~h.167, Set, 7, ~~323; Acts 1919, 36th Leg,lst C.S., Ch. '+>pm7).

Weconclude therefore that the title to the land in question is in the State of Texas, that custody, fn the sense of ultimate control and disposition, is in the Legis;ature, and that custody, in the sense of protective aupervisfon and control and present management, is in the BoaPd of Control.

SUMMaRY

T:he,tft,.le to certafn land in Travis County, acquired by the State for the office of Fish Commfssfoner in 1883, which office was abolished and the properties thereof t,ransferred to the charge of the Office of State Superintendent of Public Buildinns and Grounds in 1885, absent a conveyance by the State, and none is of recorl in Travfs County, title is still In the State0 Custody of the land as regards ui%imste control and dfsposPtion fs in the Legislature, Custody as regards present management and ~'~pervfsfon is in the Board of Control, ~uc3essor to the Office of State Superfntendent of Public Buildings anJ Groun,3so
Yours very t.ruly

ATTORNEY

GENERAL

OFTEXAS