Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas
Ju& 19,. 1978
JOHN L. HILL
Attorney General
,Ijonorable, Leslie .$Z Acker Opinion No. Ii- 118 S
Midland County Attorney
Midland, Texas 79701 ” Re: Whether a city may, trans-
fer, a .street right-of-way to a
county without publication of
notice. and bids as required in
article 5421c-12, V.T.C.S.
Dear Mr. Acker:
You have requested our opinion regarding whether a city may transfer a
street .right-of-way to a county ‘with&t publication of notice and bids. You
state that Midland County’ has purchased property in Mldland on both sides of
Baird Street between Texas Avenue and Illinois Avenue. The county has
requested the City of Midland, as owner .of the right-of-way of Baird Street,
to cl-e the street in the block between Texas and RlinoiS Avenues and
transfer the land therein to the county.
Se&ion 1,bf article 5421c-12, V.T.C.S., states:
NO land owned by a political subdivision of the State
of ‘Texas. may ‘be sold or exchanged for other ,‘land
without first publishing in a newspaper of general
circulation in the county where the land is located or
in an adjoining Wunty, if there is no such ,newspaper, a
notice’ that the land is to ,be offered for stile or
exchange to the general public, its description, its
‘location and the procedures under which sealed bids to’
purchase the land or offers to trade for the land may
be submitted. Notice shall be so given at least on two
separate occasions and no sale pr exchange shall be
held less than 14 days. after the last notice.
In Bowling v. City of El Paso,‘525 S.W.2d 539 (Tex. Civ. App. - Rl Paso), writ
refld n.r.e. per curiam, 529 S.W.2d 509 (Tex. 1975), the court held that art%%
54210-12. ‘should be construed to Eover disposal of land by any means.
p. 4785,
Honorable Leslie C. Acker - Page 2 (R-1199)
Although article 5421c-12 has thus been .held applicable to various types of transfers
of land by a political subdivision, we believe that an exception created by section 2
is applicable to the ~facts you describe. Section 2 provides, in pertinent part:
[bl id procedures and publication requirements as set .forth in
Section 1 of this Article shall not be applicable in the sale or
disposition of real property interests belonging to a political
subdivision in the following circumstances:
....
(b) Streets or alleys, whether owned in fee or used by
easement, in which event such land or interest may be sold
to the abutting owner or owners in proportion to their
abutting ownership, such division -between owners to be
made in an equitable manner.
In the present instance, a street owned by the City of Midland will be transferred
to the “abutting owner,” Midland County. ln our opinion, therefore, the City of
Midland may, in the situation you pose, give to Midland County a street right-f-
way without publication of notice and bids. Since your question is specifically
limited to the effect of article 5421c, V.T.C.S., we do not address the problems
which might arise under article 3, section 52 of the Constitution or article 1019,
V.T.C.S.
SUMMARY
In the circumstances .described, the City of Midland may
transfer to Midland County a street right-of-way. without
publication of notice and bids.
’ jOIiN L. HILL
Attorney General of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
p. 4706
Honorable Leslie C. Acker - Page3 (H-1188)
C. ROBERT HEATH, Chairman
Opinion Committee
jsn
p. 4707~