2%~ ATFCBIZNEX GENERAL 

OF TicXAS 

. February 5, 1971 

Iion.J.W.Edgar Opinion NO. M-788 

cauniesiowr of Education 

Teams Sducatbn Agency Ret Whether ahomrule city and 

201 Eaet llth Street an independent 8ahool district 

Awtin, lbacarr 78701 may exchange cmrtain landr 

without advartidng tlae proDearDoctbrMgarr 

pomd 0s and 'reaiving 

bide theruoti: 

. ‘,,.. 

Your recent litter r&uwting the opinion of tbf8 

office concerning tlm referanoed matter Miatw, In pnrt, ae 

follows:, . . 

l %,Dalhart &dependent 8chool DlatrL6t 

on8 a 20-a- tra&t of lhnd which it -pur&ased 

in 1965 for i&loo1 building pupone@. 'In 1993, 

tbe+iyofDalhartpuchas8d atractof land . . . 

'The schbold%&rict deukeatoexizhange 

about nine acre0 of it8 lOacre tract to tb8. 

cityfornineacrw of ita trakt,a part ofwhich 

bas~bk@~ utid’as“(a) .ball park. The landq If 

a-iii&d -%' jtbb)y scbdl ‘dibgict in embange, 

till .ba wbd"ii*' a. Mi ifor i new mlmol beil&ng. 

., .'. : 

al 

. . . 

'3 am requwted by the Boata of Trwtw8 of 

~Dalhat+I~~~~ntSchoolDi~trict toobtain 

an urgentl* needed opinion from the offica of (the) 

Attorney General on the following aabdtted quwtiona 

appertaLni.ngto 8u*landsr 

l (l) Legally, may the aity a uth o r it+nd y (the) 

m3mol board ea&anp euch aforementioned lands 

by appropriate ordinance hotim of the city 

council and iw8olution of the'edhool board 

-3833- 
Hon. J. W. Edgar, page 2 . (M-788) 

authorizing such 1andB exchange and execution 

of .deed(cr) therefor, without adverticling of 

the aaxe for sale nor using bid procedure? 

"In the event (1) ie anmered in the affirmative% 

"(2) May there legally be an exchange of such 

lands without the city firathaving an election 

authorieing rale of same?* 

Youhava alrroinformed us that the tract of land owned 

by the Cityhaa been and ie now being used am a ball park, and 

you have so oartified to theae,fact8. We acceptthe factual 

*tatexenta as true. This place0 the factual aituatioh Withixi 

the purview .of.hrticle 542151, Vernon's Civil Statutes. 

A memorandum brief submitted with your letter etatee 

that the City of Dalhart is a home rule city which adopted its 

Charter in 1960, and that Section6 70 and 153 of that Charter 

provide for public.males or leaee of property and in oertain 

cireunultances~for an election. In our opinion Section 70 of the 

Charter, which requirw notice and bide, is not applicable in 

this aituationt howaver, Section 153 of the Charter prwiding 

I for a 30 day Waiting period and poamible election must be complied with. 

Article 5421c-12, Vernon's Civil Statutes, which provides for publication of notice when a political subdivision of 

the &ate offers land for sale is not applicable in the fact 

situation under wneideration. 

In your came, we find a proposed exchange by two political a&divisions, each with power of eminent domain and condemnation: cities: kt. 1107, 1109b, 1110, 1206t schools: 

Sec. 23.31; Texas Education Code. Similar mituatione and 

question8 were answered in our Opinions C-434 (1965) and C-469 

(1965). The opinion8 refer to a PaBo Countv v. The Citv of El. 

&$, 35; ;;:.2d 783 (Tex.Civ.App. 1962), and pinowille IndeP ent c 1 District v. Crenshaw, 164 S.W.Zd 49 (Tex.Civ.App. 

1942, error ref. wan.). Both caees dealt with a park area intended to bacome school property. Similar lrtatuter to Article 

5421r12 and your Charter provision Were under consideration. 

-3834- 
Hon. J. W. Edgar, page 3 (M-788) 

The court in the Fl Paso case in effect held that although a statute requiring appointment of a commieeioner to sell 

county land at public auction and a statute relating to abandonm6nt of county parks are applicable wherever a political subdivision, eubject to such statutes, desires to dispose of any of 

ite land to an $..gy, neither etatute is 

applicable where a wlitical subdivision with oower of eminent 

d 5 nd n ation 

eu ve 

,.' WL and to reach an agreement as to 

change of public use. 

The L(inaevillQ case, eupra, held in effect that a city 

park devoted to public use could be taken fa another public use 

without bide. and,zonverted to public school use, whee the city 

and school authorities determined that its use for school purposes was ne+eeaa?y and that it was not-practical or possible 

to use any othh property. 

However, Article 54216, eupra, enacted fn 1969, in its 

Section 1, read6 as fdllwer 

*Ho department, agency, political subdivision, 

county, or municipality of this State shall apprwe 

any program or project that requires the tree or 

taking of any public land designated and utilized 

prior to the arrangement of such program or project 

as a park, recreation area, scientific area, wildlife refugei or historic site, unless such department, agency, political eubdivieion, county or municipality,,acting thr%gh its duly authorized 

governing body.or'officer, shall determine, after 

notice and a public hearing as required herein, 

that .(l) there is no feasible and prudent alternative to the use of taking of such land, and (2) 

such program or project includee all reasonable 

planning to minimize harm to such land, as a park, 

recreation area, scientific area, wildlife refuge. 

or historic site, resulting from such use or takingr 

clearly enunciated local preferences shall be considered, and the provisions of the Act do,not constitute a mandatory prohibition against the use of 

such area if the findings are made'that justify the 

approval of a program or project. 

-3835- 
Hon. J. W. Edgar, page 4 (M-.788) 

Section 2 of this Article preeaibee publication procedures, and Section 3 prwidee that judicial review is hamed 

30 days after the aotion is announced. 

Dalhest'e nine acre tract beAng a ball park, clearly 

Article 542lq would apply. 

You aretherefore advised that the anevmrtoyour two 

~eetione is *yes', but the Piope+d ~oxchange of property is 

subject to the notice and bearing prwieione preeaibed by 

Article 542lq, and the neceeeary findings thm. 

Dnder the fact situation, anexchangebetween 

theCityofDalhert, ahome rule city, andDalhart 

Inde@end+ntSchoolDietrict of r~leetateueed by 

the city for public park purpoeee and realty owned 

by the I~~~ent8~~lDi~~ic+.raquiree the publicati~bf notice and public hearing under Cuticle 

5421q, V.C.S. 

Article 5421c-12, V.C.S., which require8 notice 

and bide, is not appliceblet but Section 153 of tha 

Charter of the City of Dalhart must be camplied with. 

neral of Teams 

prepared by Vim8 Taylor 

bei8tant m5maney General 

AFFRovsDr 

OPINIOM ca4MITTBE 

Kerns Taylor, Chairmen 

W. B. Allen, Co-Chairmen 

-3836- 
Hon. J. W. Edgar, page 5 

Arthur Sandlin 

Pat Bailey 

Ben Harrison 

Austin Bray 

~MMDEF.GRIE+FIS 

Staff Legal Aeefetant 

ALFRmwAIaR 

Executive Aeeietant 

Ho&A WRITB 

F-et Aseietent 

(M-788) 

-3837-