Untitled Texas Attorney General Opinion ( 1971 )

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Honorable Neal .E. Birmingham Opinion No. M-959
Criminal District Attorney
Cass County Courthouse Re: Whether H. B. 305 and S. B.
P. 0. Box 555 240, 62nd Leg., R.S., 1971,
Linden, Texas 75563 conflict as to the filing of
condemnation cases in Cass
Dear Mr. Birmingham: County, and related questions.
You request our opinion construing Senate Bill 240 and House Bill
305, both enacted by the 62nd Legislature at its Regular Session in 1971,
wherein they relate to eminent domain proceedings in Cass County. Spe-
cifically you ask,
‘1. . . with whom should a proceeding in eminent
domain be instituted, who will appoint the special com-
missioners, receive their awards, and, in the absence
of an objection to such awards, file judgment? ”
You state that Cass County has no county court at law.
Our opinion is that a petition in condemnation should be filed with
the Judge of the 5th Judicial District Court of Cass County who has juris-
diction over all further proceedings. 1
Senate Bill 240 is the latest act of the Legislature and will prevail
over House Bill 305 to the extent of any irreconcilable conflict. 2 Ex parte
1. This opinion does not cover the period of time between May 19, 1971,
the effective date of H. B. 305, and June 9, 1971, the effective date of
S. B. 240.
2. H. B. 305 was passed by the House on April 29, 1971, and by the Senate
on May 13, 1971. S. B. 240 was finally passed by both the Senate and
the House on May 31, 1971.
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Honorable Neal E. Birmingham, page 2 (M-959)
De Jesus De La 0, 227 S.W.2d 212 (Tex. Grim. 1950); Attorney General’s
Opinions No. M-501 (1969) and No. V-990 (1950. ) To the extent the two
Acts may be reconciled both must stand. Wright v. Broeter, 145 Tex. 142,
196 S.W. 2d 82 (1946. )
We know of no law in effect at the time of the enactment of Senate
Bill 240 or House Bill 305 which granted to the county court of Cass County
any special jurisdiction in eminent domain cases. Both of these Acts re-
moved from that court differing jurisdiction in eminent domain cases. Touse
Bill 305 removed certain trial jurisdiction and vested it in the 5th Judicial
District Court. Cass~ County is in this Judicial District and no other. Art.
199, v. c. s. Any and all jurisdiction relating to eminent domain which may
have remained in the County Court after the enactment of House Bill 305 was
wholly divested by Senate Bill 240 which was subsequently enacted. (See
footnote 2. ) Section 1 of the latter Act reads,
“The district courts of all counties in the State
shall have jurisdiction concurrent with the county courts
at law in eminent domain cases. The county courts shall
have no jurisdiction in eminent domain cases. ” (Emphasis
added. )
Further, Article 1960, Vernon’s Civil Statutes, as amended by Sec.
7 of Senate Bill 240 reads in part,
‘1. . . The county courts shall have no jurisdiction
in eminent domain cases. ”
Section 2 of Senate Bill 240 reads,
“In all counties in which there is no county court
at law with jurisdiction of eminent domain cases, the
party desiring to initiate condemnation proceedings shall
file its petition with the district judge; and objections to
the award of the special commissioners shall be filed in
the district court. ” (Emphasis added. )
Our opinion is that a petition in condemnation should be filed with the
Judge of the 5th Judicial District, and that he should appoint the special com-
missioners, receive their award and, in the absence of an objection thereto,
enter judgment.
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Honorable Neal E. Birmingham, page 3 (M-959)
SUMMARY
In proceedings in eminent domain in Cass County
the petition in condemnation should bd filed with the Judge
of the 5th Judicial District, and he should appoint the special
commi$sioners, receive their award and, in the absence of
an objection thereto, enter judgment.
eneral of Texas
Prepared by John T. Richards, II and Ronald E. Tigner,
Assistant Attorneys General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Jerry Roberts
Watson Arnold
S. J. Aronson
William Travis
SAM MCDANIEL
Acting Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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