poles and lines, etc., over and acrossany street and alley of any incorporated city and town in this State, such corporation must do so with the consentand HonorableFred Norris,page 5 (oC2274)
under the directionof the governingbody of suah city or town.
A8 abow pointedout, the State by Article 1436 has conferredths right upon corporationsa8 above mentionedto erect and oonstructits lines over and across public roads. It is a ftmdamentalprincipleof law that propertyshall not be taken for publiouse withoutadequateaompensation, aadthat no person shall be deprivedof his propertyexoept by due course of law. The plat show- ing the looationof the right of way for the old highway,the right of way for the power line and the right of way for the newhighwayshows that the power line did not crossorgo over theoriginal highway,but when the new highwaywas coa- strutted,the right of way for the 8am orossedthe right of way of the p-r line or utility company,aeoessitating the renovalof a few poles of the power line along the side of the new high-say,also the utilit)r oompcrqy was required to u8e higher poles in orossingthe highwayanderectoertainguy lines in making the above mentionedchanges. However,the utility companywas not requiredto seoureany additionalright of way for the above mentionedpurposes.
In view ofthe foregoingauthorities,you are respsotfullyadvisedthat it is the opinionof this Departmentthat tie countyis liableto the Gulf States UtilitiesCompany for all reasonableexpenses neosesarilyinourred by said oom- pany for the purposesaforesaid.
You furtherstate in your inquirythat on April 5, 1938 the Gulf States UtilitiesCompanypresentedyou with an aooountstilar to the above and that the 8~ eas paid bs the commissionersoourt. It is our furtkropinionthat if the faots in the abovementionedtransactioneere similarto the Pa&s dis- cussedin tb&8 opinion,then the oountywould be liablefor such expenses. Therefore,your seoond questionbecomesmoot.
Trustingt&at the foregoingfully answ8rsyour inquiry,me are Yours very truly
A!EORNNYGENEIuL OFTEXAS
By /s/Ardel: nrlliam8
Ardell Williams Assistant AWROVED JULY 15, 1940 /s/GROVER SELLERS FIRSTASSISTAET APPROVED ATIORNEYGEEERAL OPINION COEMITTEE BYBEBB. Chairman