Untitled Texas Attorney General Opinion ( 1953 )

June 16, 1953 Hon. Glbb GIlchrIst Opinion No. s-52. Chanaellor Texas A & M College System Re: Authority of the Board College Station, Texas of Directors of the A & M College System to discontinueopera- tion of the programs being conducted at Bluebonnet Farm and to execute a quItclaIm deed to the United States In conaldera- tlon of reimbursement for costs there ex- Dear Sir: pended by A & M. You have requested an opInIon as to the legal- ity of a conveyance by the Board of Direotors of Texas A deldCollege System of certain lands known as Bluebon- net.``Parm, aoqulred by the Texas A & M College System bj.8 ildedwithout warranty from the United States of America, acting by and through the War Assets AdmInIs- tratioti,and a qultclalm deed by the Farm Security Ad- ministration,0. S. Department of Agriculture. The conveyanceby the deed without warranty was made vith certain conditions,one of which follows: "FIRST: That for a period of twenty- five (25) years from the date of this con- veyance said premises shall be continuously used as and for agrioulturalresearch, educationaltraining program, experimental and developpent work with livestock,demon- stration farms, and for purposes incidental to the educationaland agriculturalactivities of A & M College of Texas, Its successors and assigns, but for no other purposes." Hon. Glbb Gilchrist, page 2 (S-52) The deed states that If there la a breach of one of the conditionsso set out, ...a11 right, title landInterest in and to the said premises shall, at its option, revert to and become the property of the United States of America which shall have the immediate right of entry upon said premises and the sala A & M College of Texae, Its successors or assigns shall forfeit all right, title and Interest m.an The provisionsof the quitclaim deed are substantiallythe same., Therefore, under the conditionalprovisions of the deed without warranty and the qultclalm deed, the Board of Directors of Texas A 8cldCollege System can at any time abrogate Its responalbilltyby abandon- ing the property ana ceasing to use It In the manner prescribedby the raid Instruments. The execution of a deed without warranty and a quitclaim deed by the Board of Directors of the Texar A & M College System to the United States offAmerica Is merely the declared Intention of the Board of Dlrec- tars that it is abandoning the property which It has been using for purporer designated in the deed without warranty and quitclaim deed by which It acquired title from the United States of America, and that the reverter clause should take effect Immediately. Since this authority Is so given to A & M Col- lege it would be legal and proper for the Board of Dfrec- tor8 bf A & l&College System to convey the lands by execu- tlng a quitclaim deed to the United States Government upon payment by the Government for costs expended there byA &M:. Hon. Gibb Gllchrlst, page 3 (S-92) SUMMARY The Board of Directors of the A & M College System has authority to discontinue operation of the pro- grams being conducted at Bluebonnet Farm and to return sala farm by execu- ting a quitclaim deed to the United States In considerationof relmburse- ment for costs there expended by A & M. APPROVED: Yours very truly, Rudy G. Rice JOHN BEN SREPPERD State Affairs Dl~lslon Attorney General C. K. Richards Revlewer Robert S. Trottl First Assistant John Ben Shepperd Attorney General