THEA-ITORNEY GENEEAE OF TEXAS AUSTIN i%Twas FvII.I. wIu3o~ *-rroRNEY DENERAI. '-' September 2, 1960
Mr.~. J. 9. Grishak!, Opinion No, W-929 Criminal Distriot'Attorney 'Canton,Texas ." Re: Duty of County Attorney, District Attorney and Criminal '. District Attorney in Condemna- ,~tionSuits by the County or Dear Mr. Grisham: the State We have received your let,terin which you ask if it is the official duty of the County Attorney,torepresent the State and County in condemnationcases. You state that it is your under- standing tht'as County and District Attorney, It is not your duty officially to re resent the State and Van Zandt County in condemnationcases; tL t it is your understandingthat the county may, if it sees fit, employ your services to represent ..theState and county in condemnationproceedingsand pay a fee ~therefor. In Opinion Do. O-1040 dated July 7, 1939, it was held by this Departmentthat a county autorney~is not requi.redto re- present the county in condemnationproceedingsand that the commissionersf.court may contract with the county representsthe county in such proceedings and compensatehim as per contract. Opinion No. O-1379 dated November 2, 1939 held that a county may employ an attorney for,the purpose of instituting and prosecuting condemnationsuite for rights of way and pay him compensationout of road bond funds; that such compensa- tion should be a specific sum of money and not on a salary . basis. Opin,ionNo. O-1164,datedJanuary'l3, 1940, modified the above Opinion No. O-1379 by holding that the compensationof for condemnationcases may be on a salary; as may be determined by the commissionersV
In,letter Opinion (R-960) dated December 3, 1947, it whs hald that the county may employ a law firm to represent the county in condemnation aasee when the Assistant County Attorney is a member of said law firm and .oitedOpinion No,,O-1040 as ' authority, a
,Mr., : :J,3. Grisham, page,'2..~(&929). _.
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'O'inionNo. 0-1040:&s again u held in two letter opinions (D-9577dated December 4;1947 and 7.R-2282) .datedFebruary 15, 195,l.b. .,.
':'The,aboveopinions haPe been.followedby our Department ~OpinionNo, G-1040 and we cite those opin- aiqee 'the~original ions ae.reaeohefor our holding.~as hereinafter Sethout- .,It ~~~?e:aobice~,, .ho~ver;:thatthese o inions apply only to s~&ts~by'a,countyto ac uirwproperty3 y cond.emnation even though~the'suitmay~be 2iled in the name of the State of Texas. Since the above opinions were written; a new statute.has Ueen'eneatedpertaining.tosuits~.by the State Highway Commis-: sion in the name'af thenState for the purpo.seof condemning &nd fca h' way rights~of way.. This act.is contained in HouseDill;T 79, Chapter 300, Pa e 724, of the Acts of the &r Session of the Fifty-fi%th Legislature (1957) (Article %?V;A.C;&).. A'portion of Section4 of this Act (Article ~~ 66~3)~reads as follows: "."In the Drosecutionof any condemnation.suitbrought~ '~bp%he State Hightiay'Commission in the"name of the State ~. ~of Texas for'the acquisition.of property pursuant to the.' powers granted in this Act; the Attorney General,~at the .~_ request.ofthe State Highway Commission,or, at the Attorneys GeneralZs. diroction,' or,District': : 'Attbrxiey or Crtiinal District-Attorney,s1: all bring and prosecute the suit.inthe name -of the State of.Texas and,',. the venue of any such sui't-shaU.be Sfi'theGunty in tiich