Texas Attorney General Opinion: JM-242 Page: 2 of 4
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
- Highlighting
- Highlighting On/Off
- Color:
- Adjust Image
- Rotate Left
- Rotate Right
- Brightness, Contrast, etc. (Experimental)
- Cropping Tool
- Download Sizes
- Preview all sizes/dimensions or...
- Download Thumbnail
- Download Small
- Download Medium
- Download Large
- High Resolution Files
- IIIF Image JSON
- IIIF Image URL
- Accessibility
- View Extracted Text
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Mr. Ed D. Roach - Page 2 (JN-242)
with. See State v. Easley, 404 S.W.2d 296 (Tex. 1966); Wilson v.
County of Calhoun, 489 S.W.d 393 (Tex. Civ. App. - Corpus Christi
1972, writ ref'd n.r.e.); Attorney General Opinions JM-149 (1984);
MW-62 (1979). In Conley v, Daughters of the Republic, the Texas
Supreme Court said that the legislature
has in general 't'le same rights and powers in
respect to properl;ty as an individual. It may
acquire property, real or personal, by conveyance,
will, or otherwise, and hold or dispose of the
same or apply it to any purpose, public or
private, as it see,; fit. The power of the state
in respect to its prDperty rights is vested in the
Legislature, and the Legislature alone can
exercise the power necessary to the enjoyment and
protection of those rights, by the enactment of
statutes for that purpose. ...
Id. at 200.
Section 1, chapter 174, Acts of the Sixty-third Legislature,
clearly authorizes the board of regents "to transfer and convey" the
land in question to the hospital district "under such terms and
conditions as may be deemed tlvisable by the board of regents. .. ."
Acts 1973, 63rd Leg., ch. 174, 51, at 396. Section 2 of chapter 174
provides that
[il]f the land described in Section I of this
Act is transferred to the South Randall County
Hospital District, the South Randall County
Hospital District shall have the right to
construct a hospital and related facilities on the
land described in Section 1. In the event the
hospital facilities~ shall be abandoned or
neglected, all title and interest in the land
described in Section 1 shall revert to the State
of Texas for the ase and benefit of West Texas
State University.
Id. 52, at 397.
You also inquire what, if any, consideration is necessary for the
conveyance of the fee title to the land. The legislature did not
require a specific considera-tion. Chapter 174 leaves terms and
conditions of the transfer tc the discretion of the board of regents.
By the conveyance of the property to the public purpose of maintaining
hospital facilities, we believe that the legislature impliedly voiced
its intention that the conveyance of the property serve as a benefit
to public welfare.p. 1090
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View two places within this text that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-242, text, December 13, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272682/m1/2/?q=%221984~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.