Untitled Texas Attorney General Opinion ( 1960 )


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    E                          GENERAL
    OF       EXAS
    Mr. Ii. R, Nieman, Jr.                              Opinion No.   W-844
    Executive Director
    State Building Commission                           Re:   Location of
    State Office Building                                     Boundaries of the
    Austin ,l, Texas                                          State Capitol
    Grounds as outlined
    by S.B. 437, Ch. 313,
    Dear Mr. Nieman:                                          55th Deg., R.S.
    You have requested an opinion of                this office   con-
    cerning a clarification   and deflnitlon   of             the boundaries of
    the Capitol grounds as outlined by Section                 1 of Senate Bill
    437, Acts of the 55th Legislature,     Regular             Session,   1957,
    Chapter 313, page 758, codified    as Article              86lb, Vernon's
    Penal Code.
    As stated by you, the purpose of the request is to
    avoid encroachment on the Capitol grounds, as defined by Ar-
    ticle  86lb, when the State Building Commission undertakes to
    landscape the area north of the Capitol and located between
    the Supreme Court Building and the State Office Building.     The
    "landscaping"    is to consist of "walks, planting, sprinkler
    systems, ,lights,   etc."
    Section       1 of Article   86lb,   Vernon's   Penal Code,
    provides:
    'Section    1. It shall be unlawful, without
    the prior express consent of the Legislature,
    for any officer      of this state or any employee
    thereof or any other person to construct,            build,
    erect or maintain any building,         structure,    memori-
    al,  monument,     statue,  concession   or  any   other
    structure     including creation of parking areas
    or the laying of additional        paving on any of the
    grounds that surrounded the State Capitol on
    January 1, 1955, and which grounds were then
    bounded by Eleventh, Brazos, Thirteenth and Colo-
    rado Streets,      in the City of Austin, Texas, whether
    such land lay inside or outside the fence enclosing
    part of the grounds; provided, however, that paved
    access and underground utility installations             may
    Mr. H. R. Nieman, Jr.,      page 2 (``-844)
    be constructed   and maintalned; provided
    further,  that the provisions   of this Act
    shall not apply to the Supreme Court Bulld-
    ing, according to the approved plans dated
    October 29, 1956, nor to the State Office
    Building,  according to the approved plans
    dated November, 1956. ”
    The work contemplated in your request necessitates
    the definite    location   of the boundary line of the area bounded
    by Thirteenth Street In order to comply with the purpose of
    the subject statute.       We are aware of the decisions       which hold
    that there Is a presumption that title          extends to the center
    line of a street when the description         calls for a boundary by
    street name. As indicated,         these decisions    involved title    ques-
    tions,   an issue not present In this situation.           In addition,   the
    purpose behind the presumption, i.e.,         to avoid and discourage
    separate ownership of narrow strips of land, State v. Arnlm, 
    173 S.W.2d 503
    (Tex.Civ.App.,       error refused,    w.o.m. 19431 has no
    application    here.    We therefore    do not feel that this’presump-
    tion is controlling      in answering your request.
    It is our opinion that when the Legislature   used the
    phrase “bounded by” they intended to describe the land up to
    the named streets.   It manifestly  was the purpose of the Legls-
    lature to prohibit  further construction  upon the grounds which
    were then landscaped and being maintained.
    Section   6 of Article   861b of Vernon’s   Penal Code
    provides :
    “Sec. 6. The fact that the Capitol grounds
    were planned to furnish a landscaped area suffi-
    cient to set off the massive granite building and
    that this attractive       setting would be destroyed
    by conversion of the grounds to parking lots,          or
    erection    of structures    of any kind that would nec-
    essarily    result in reducing the space needed to
    surround a building of the size of the Capitol,           and
    the further fact that this building is not simply
    an office    building,    to be closely   surrounded and
    hemmed in and obscured by brick and concrete,          but
    a symbol of and the habitation         of the state govern-
    ment which should remain In its green setting of
    native trees and flowers so that the.,,citlzens        of
    Texas can take pride in their Capitol when they
    visit   it, creates an emergency and an imperative
    public necessity       that the Constitutional    Rule re-
    quiring bills     to be read on three several days in
    each House be suspended; and said Rule is hereby
    Mr. H. R. Nieman, Jr.,   page 3 (``-844)
    suspended, and this Act shall be in effect   f;om
    and after its passage, and It Is so enacted.
    (Emphasis added.)
    This section indicates that the Legislature was con-
    cerned with, and Intended to prevent, a reduction of the Capitol
    grounds then landscaped,  and not with land which subsequently
    might come within the control of the State.
    SUMMARY
    The boundaries of the Capitol grounds as
    defined,in    Section 1 of Article 861b of Vernon's
    Penal Code consist of the South line of Thirteenth
    Street,    the West line of Brazes Street,  the North
    line of Eleventh Street,    and the East line of
    Colorado Street.
    Yours very truly,
    WILL WILSON
    Attorney General of Texas
    By   @yxuA
    Robert H. Walls
    Assistant
    RHW:bh
    APPROVED:
    OPINIONCOMMITTEE
    W. V. Geppert, Chairman
    Thomas Burrus
    James R. Irlon   III
    REVIEWEDFOR THE ATTORNEYGENERAL
    BY:
    Leonard Passmore
    

Document Info

Docket Number: WW-844

Judges: Will Wilson

Filed Date: 7/2/1960

Precedential Status: Precedential

Modified Date: 2/18/2017