AUSTIN.TEXAS x=IUCE DANIEI. *ADAIs DID-ON .--o- w--- May 

### 17, 1948

Hon. Joseph C. Ternus CountyAttorney San Patricia County Sinton,Texas

Dear Sir: Opinion No. 

### V-582
Re: Authority and procedure for the execution of an oil and gas lease of land owned by a county.

We refer to your letter of March.

### 16, 1948 requesting our opinion concerning the authority of the Commissioners'Court and the procedure for the execution of oil and gas leases on land owned by San Patriclo County, and to your supplementaryletter of April 

### 15, 1948.

One of the tracts of land was conveyed to the County Judge, June 12, 

### 1916,as a site for a building I,

. . . for the benefit of the colored youths of the community;

. . .I'; all of the other tractswere conveyed to San Patricia County by general warranty deed, without any kind of restriction.

We note that the land in question is adjacent to a highway. We consider this fact unimportantbecause no question of obstruction of traffic on the highway is involved.Article 5400a,Vernon's Civil Statutes, authorizes and controls the procedure for and the execution of mineral development leases on county owned land. Our Opinions

No. 

### V-379 con,s,idered this.,~art$cle

and~~wee&Lose a copy of that opinionfbr your information. That artyf~- cle makes plain the authority and procedurewhich pertains to the leasing of county owned land for the development and production of minerals, but no authority is given to enter into pooling agreements by which county owned land may be pooledwith other land.

### 5834) Hon. Joseph C. Ternus - Page 2 

### (v-582)

The land involved in your inquirywill be identified by the names of the grantors and grantees and the dates of the respective deeds:

1. The deed from Sinton Town Company to M. ?1. Childers, County Judge,.dated June 12, 1916, is a grant for schoolpurposes only. This is the tract referred to in the second paragraph of this letter. Article 

### 2683, v. c. s., provides that "the title to school property belonging to the county, the title to which has heretofore been vested in the county judgeand his successors in office or,

any schoolproperty that may be acquired, shall vest in the'county school trustees." The Commissioners' Court is not authorized to execute oil leases on the land conveyed by that ,deed.

The deeds from P. L. Johnson dated March 5, 

### 1931;L?'F. Garrett dated March 

### 13 1931.and J. E. Davis, dated May 25, 1431, to San Patricia C&&y, are generalwarranty deeds which vest the title to the land described in them in Sdn Patricia County in fee simple.



### 3. ,Thedeed from J. J,. Welder, et al, dated April 18, 1922, is a generalwarranty deed, which vests the title to the land described in It in fee simple in Road DistrictNo. 5 of San Patricia County, except Lot 5 in Block 20 in the town of Sinton, which is not conveyed by the deed.' !ieassume that the land was acquired for county road district purposes.

The lands referred to in paragraphs 2 and 

### 3, above, are subject to lease for oil developmentby the Commissioners' Court of San Patricia County in accordance with Article 5400a,V.'C. S. Also, in connectionwith No. 

### 3,we 'specificallycall your attention to the fact that the Commissioners' Court has authority to execute contracts for and on behalf of a road districtwithin the county. Art. 752U,V. C. S.; Austin Bros. Bridge Co. v. Road Dist. No. 3,~247 S. W. 

### 674 (errorrefused). SUMMARY Commissioners'Courts are authorized to execute mineral leases on county owned land and land owned by a road district in accordance with the provisions ofArticle $OOa, V. C. S.‘4 

### Hon.JosephC. Ternus- Page 

### 3 (V-582)
:.



### SuchCourtsarenot authorizedto enterinto agreementsto pool suchlandwith otherland andare not authorizedto executemineral leaseson land conveyedto theCountyJudge for. schoolpurpos~es. Yoursvery truly, ATTORNEYGENERALOF TEXAS

WTW:wb Encl. **BY** 

### Assistant

-APPROVED: 

### 581