# TheAttorney GeneralofTexas April 11, 1984 JIM MATTOX Attorney General

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An Equal Opportunity/ Affirmative Action Employer Honorable Charles Evans Chairman Opinion No..JM-145 Committee onHouseAdministration Texas House of Representatives P. 0. Box2910 Austin, Texas 78769 Re: Acquisition of land for Gateway State Park

Dear Representative Evans: You ask whether certain property, established as Gateway State Park, maybe deeded to the state in parcels at various times or only in whole in a single conveyance. Additionally, you ask whether the state mayaccept only land that is connected to described land. We conclude that the state mayacquire described land in more than one conveyance, but that only connected lands maybe soacquired.
House Bill No. 2061, Acts 1983, Sixty-eighth Legislature, chapter 983, at 5354, established Gateway State Park to consist of all land described in House Bill No. 63, Acts 1979, Sixty-sixth Legislature, chapter 542, at 1131. House Bill No. 2061 repealed section l(c) of House Bill No. 63but left the remainder of the act intact. House Bill No. 63contains the authorization for andthemethod of acquiring land for the park:

Section 1. (a) The Parks and Wildlife Department shall accept andmayrecord ss andwhen offered any conveyance to the State of Texas of land andimprovements onland: (1) described in Subdivision (1). Section 2of this Act; (2) having aboundary that is contiguous with or adjacent to aboundary of the land described in Subdivision (l), Section 2of this Act; (3) having aboundary that is contiguous with or adjacent to the boundary of land accepted under Subdivision (2) of thins section or under this subdivision; and

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(4) described in Subdivision (2). Section 2of this Act. (b) Acceptance under this Act may be accomplished without regard to whether the conveyance of land that maybeaccepted is madein one or more instruments executed at different times.

. . . . Sec. 2. Section 1of this Act refers to the following property: (1) [land described by metes and bounds,

‘tract 1’1 (2) [land described by metes and bounds, **qtr&i 2** **’ 1** 

sec. 3. TheParks acquire and record contig”o ”s with or described or provided for park purposes . . andWildlife Department s **other** property which is adjacent to the property for in **this** Act, to be used

. . (Emphasis added). Sections l(a) and l(b) of House Bill No. 63 read together specifically authorize acceptance of land described therein “as and when offered

. . . without regard to whether the conveyance of land that maybe accepted is madein one or more instruments executed at different times.” Thus, the state may acquire authorized land in parcels. However, House Bill No. 63 limits the particular parcels that maybe soacquired. House Bill No. 63mandates acceptance of land described bymetes andbounds in subdivisions (1) and (2) of section 2 (tracts 1and2), land with aboundary that is “contiguous with or adjacent to ” tract 1. and land with a boundary that is contiguous with land which is connected to tract 1andwhich is “accepted.” Additionally, section 3 of House Bill No. 63authorizes acceptance of land contiguous to land descrl~bed as tract 2. Although “adjacent” does not always mean actual contact,

“Contig”o

”s” means more than near; it means touching at a point or along aboundary. City of Safford V. Townof Thatcher, 495P.2d 150. 153 (Ariz. Ct. App. 1972); Black’s LawDictionary (5th ed. 1979). Texas courts also use “adjacent” to describe land that is touching. SeeCarlton V. Marshall, 208S.W.2d 661 (Tex. Civ. App. -Austin 1948, writ ref

’d n.r.e.); SmithV. Linton, 130S.W.2d 1108 (Tex. Civ. App. - ?

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Galveston 1939). rev'd onother grounds, 154S.W.2d 643 (1941). House Bill No. 63, section l(d), defining "contiguous" and "adjacent" together, explains themas follows:

For the purposes of this Act, boundaries are considered tobe contiguous or adjacent where each follows the right-of-way of a public roadway, including the Dallas-Fort Worth Turnpike, or a river channel, or are separated only bythe public roadway or the river channel. (Emphasis added). Section l(d) indicates that the presence of a narrow, intervening interest in land such as state ownership of the beds of navigable streams, see Coastal Industrial Water Authority v. York, 520 SiW.2d 494 (Tex.Civ. App. - Houston [lst Dist.] 1975). aff'd, 532S.W.Zd 949 (1976), will not prevent land from being "contiguous." If the legislature found it necessary to specify that tracts are not prevented from being "contiguous" or "adjacent" when separated by a river channel or aroadway, it probably intended both "contiguous" snd "adjacent" tomeantouching. Thus, under House Bill No. 63, the state mayacquire only property that is physically touching tracts 1and2. Asindicated previously, the state mustaccept land connected to tract 1;Indx accept land connected to tract 2. However, House Bj,ll No. 63also mandates acceptance of additional contiguous land with regard to tract 1. Texas courts treat "contiguous" as bordering aspecified lot or as bordering another lot which borders the specified lot; thus three tracts mayall be "contiguous" with each other in the sense that one tract borders on a middle tract which in turn borders on another tract. Railroad Commission V. Lone Star GasCo., 587S.W.Zd 110 (Tex. 1979). Although, under Texas law, "contiguous" embraces the idea of numerous tracts being "contiguous" by relation, House Bill No. 63 specifically authorizes acceptance of anexpanding group of contiguous parcels only with regard to tract I. Subdivisions (2) :snd (3) of section l(a) authorize acceptance of land

(2) having aboundary that is contiguous with or adjacent to aboundary of the land described III Subdivision (l), Section 2of this Act; [and] (3) having aboundary that is contiguous witI> or adjacent to theboundary of land accepted under Subdivision (2) of this section or under this subdivision; (Emphasis added). Incontrast, section 3provides:

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The Parks and Wildlife Department mayacquire andrecord other property which is contiguous with or adjacent to the property described or provided for in this Act, tobeused for park purposes. Although section 3 includes the words "or provided for," Analysis states that section 3meansthat the

Parks and Wildlife Department may acquire and record other property contiguous or adjacent to property described in this Act, to be used for park puspoes. Additionally, the specific mandate for acceptance of co"tig"o"s tracts applies only to tract 1; thus, by implication, the concept of expanding contiguous tracts does to tract 2. the Bill

expanding negative not apply
Thus, the state must accept, first, land described herein as tracts 1and 2; second, land that is connected to tract 1; andthird, land that is contiguous in turn with land which is connected to tract 1and which has already been accepted. Additionally the state 9 accept land that is connected to tract 2. If any authorized "expanding" contiguous land is offered in multiple conveyances, the state mayaccept only those portions which are connected to middle parcels that are already accepted and are connected to tract 1. Sections l(a) and (b) of HouseBill No. 63only authorize acceptance of land described therein

88 and when offered

. . . without regard to whether the conveyance of land that may be accepted is made in one or more instruments executed at different times. (Emphasis added). Therefore, acceptance of contiguous tracts by parcel is limited to acceptance of co"tig"o"s parcels. Without assurance that parcels will be physically connected, except as provided for roadways and waterways, the state cannot rationally fulfill the purpose of Aouse Bill No. 63 and House Bill No. 2061, mandating acceptance and development of all specified land as apark. SUMMARY The property specified in House Bill No. 63. Acts 1979, Sixty-sixth Legislature, chapter 542at 1131, and established as Gateway State Park by House Bill No. 2061, Acts 1983, Sixty-eighth Legislature. chapter 983, at 5354, maybe deeded -

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to the stats in parcels. HOWeVer, except as provided for roadways and waterways, the state must accept, first, land described herein as Gts 1and 2; second, land that is connected to tract 1; and third, land that is contiguous in turn with land which is connected to tract 1and which has already been accepted. Additionally, the state a accept land that is connected to tract 2.

JIM MATTOX Attorney General of Texas TOMGREEN First Assistant Attorney General DAVIDR. RICHARDS Executive Assistant Attorney General Prepared byRick Gilpin Assistant Attorney General APPROVED: OPINIONCOMMITTEE Rick Gilpin, Chairman David Brooks Colin Carl Susan Garrison JimMoellinger 'Nancy Sutton

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