Untitled Texas Attorney General Opinion ( 1947 )

R-157
TTORNEY GENERAL
TEXAS
Au~-~N``,-~'ExAs
PRICE DANIEL
ATTORNEYGENERAL
April 8, 1947
Honorable E. D. Camiade Opinion No. V-133
Executive Secretary
Texas State Parks Board Re: Whether the undivided
Austin, Texas one-half interest of
Bexar County in and to
0 the Mission San Jose
may be transferred,
and the authority of
the Texas State Parks
Board to acaept such
interest as a park
site.
Bear Mr. Camiade:
Your request for an opinion of this Depart-
ment is substantially as follows:
1. *Is the County of Bexar, Texas,
autherizd to transfer all of' its right,
title and inte~rest to the 'Plaza of Mis-
sien Sin Jose', and 60 feet along the
nerti~ slae of said yiaaion Plaza (Pyron
Rod), ta(;ether with the walls adjoining
the Plaza?"
2. *Is the Texas State Parks Board
authorized to acoept such transfer of ln-
tere8t?"
Pursuant to an agreed judgplent entered in
tke 48th JmU.cial Distr&ct Court of~Bexal County, Texas,
on the 8th day of November; 1937, in Cause I?o. B-85355,
'stylM A, .J:Drossoerts vsa San Antonfo Conservation So-
ciety, et al, an unai.vfaea one-half interest in and to
the *Plaza of Mission San Jose" vested in A. J.Drosaaertd,
Roman Catholic Archbiship of San Antonio, and the County
of Bexar, Texas, subject, however, to certain designated.
“covenants running with the land”. Pyron Road was de&i-
cated to road and highway purposes and title vested in
Bexar County, Texas.
Subsequently,,in oontortity with an agreement
between the County of Bexar,and the Texas State Papks
-. .
Hon. E. D. Camiade - Page 2 (V-133)
Board, the Texas State Parks Board) Alvin J a Wirtz, Act-
ing Seoretary of the Interior, and the Archbishop OS
San Antonio, on the 8th day of May, 1941, exeoutea an
agreement designating the Mission San Jose as a nation-
al historic site. The Archbishop agreed to hold andpre-
serve in perpetuity the historic Mission San Jose ohurch
building and appurtenanoess and the Texas State Parks
Board agreed to hold and preserve in perpetuity all his-
toric buildings, struotures ana appurtenancea*
Article 6068 of Vernon’s Civil Statutes pro-
vides as follows:
“The said Board shall solicit dona-
tions to the State of tracts of lad,
large or small, to be used by the State
for the purpose of public parks and/er
recreational areaa, and said Board is
hereby authorized to accept in behalf er
the State the title to any such traot or
tracts of land D or, where the site pro-
posed is not deemed suitable for a State
Park by the State Parks Boaras to reject
or refuse title so that it ahall not vest
in the State, or .if title to a site has
beoome vested in the State for ?ark pur-
poses and the site is deemed unsuitable
for a State Park by the State Parks Board,
whether the United States of America has
undertaken the &evelopment 6P any site in
which title to 8-e is now veete& in the
State for park purposes8 the Board is here-
by authorized and empowered to transfer
title to another State Department or insti-
tution wishing the land, or where the land
has been denate& by a city or ceunty or
other donor* to traaef’er title to auoh
city or oounty er other donor where they
wish the site returned to them, or where
the United Utatrrr of America ha8 untiertak-
en the derelepmeat of any site in which
title to snme is new vested in the State
ror park purpoaen to transfer title to
the Unite& States of America, or where
the deed to the atate Parks Board contains
a reverslo& clause providing that title
shall revert to the donor when not used
for park purpoae8, to declare that the perk
is unsuitable for State Park purposes ana
Hon. E, D, Camfade - Page 3 (v-133)
that title has reverted to the grant-
ors; provided that in all instances
where the Board acts under the auth-
ority of this statute, it must do so
by a two-thirds (2/3) vote of the
members of the Board, and. providing
that the Chairman of the Board shall
sign all instruments authorized un-
der this Act."
Inasmuch as the Mission San Jose has beans
designated as a national historic site, it is believed
that the County of Bexar would be authorized to trans-
fer its undivided one-half interest in and to said ais-
sion to the Texas State Parks Board to be~maintaimed as
a site pursuant to the agreement, subject, however, to
the liaitations and covenants imposed.
In accordance with the usual
rules of contract law, it is well
settled that joint tenants and ten-
ants in common can deal with strang-
ers just as freely as owners of prop-
erty held individually, The several
co-owners aoting together can bind
themselves and the common property
by their contracts, and each of them
oan bind himself and his individual
W&est therein. (14 Am, Jur., po
One tenant in common cannot dedicate any
part of the land without the assent of its ao-tenant:
(Cheaowth Bras, vs* Magnolia Petroleum Company, et al,
129 S. W. (26) 4461. The agreement reveals an expres-
sion 011 the part of all parties that the Mission be
designated as aa historical site,
Therefore, in answer to your first question,
it is the opinion of this Department that Bexar County
may transier its undivided one-half interest in and to
the Plaza of Mis8lon Sah Jose, together with the wlls
adjoining the Plaza, to the Texas State Parks Boar&, to
be maintained as an historical site; inasmuch as title
vested in such county by an agreed judgment, followed
by an agreement OS dedication.
Since Pyron Road has been dedicated for road'
and highway purposes, title vested in the State OS Texas.
Hon. E. D. Camiade - Page 4 (V-133)
Counties being
- legal subdivisions of the State, county
roads are State property, and the title is held for
the benefit of the State. (21 Tex. Jur, 625) There-
fore, it is the opinion of this Department that, so
long as Pyron Road is used for the purposes for which
dedicated, the title will remain in the State,
Your second quo&ion requires a construction
of the above quoted statute. An examination of the orig-
inal Act of the Legislature (Acts 1939, 49th Leg., R,S.,
S. B., 298) reveals that the caption of such Act relates
to “land titles and interests”. The word Winterestsn in
such caption would seem to negative the fact that a fee
simple title was intended to be conveyed in all cases.
It would appear from the reading of the original Act that
the Legislature intended that the Parks Board may receive
whatenr interest a aonor of’ land had at the time of such
tranrier tc’the Boara. If such be true, the Parks Board
would be authorized to do those things nsdrrrrry to ac-
complish the purpoms intended by the Le islature. If a
statute I8 eusceptible of construetim, sft di0ula be so
construed a8 to a*oamplish itrs purposes, (Lowenetein,
et al, vs. watts, et al, 137 3. w. 26 2)
The State Parks Board is not an independent
oorperation or Institution operated fcr financial gain,
but an agency of the State charged with the responsibil-
ity of acquiring and maintaining a system of publicparks
far the bansiit of the people generally, for the benevo-
lent purpose of promoting health, happiness and general
welfare of citizene. (3tata ve Brannmn, et ux. 111 S.W.
(2d1.347,) A8 suoh agency, it Is bsl,ieVed that Article
4068, sups, rhould be liberally oonstrued to accomplierh
the purpase intended by the Legislature, Moreover, the
upress authority given to the Board to accept or refuse
title indicates an intention of the Legielature to com-
Jt to the Board the discretion of accepting or rejecting
any traat of land or title whatsoever offered,~ If, after
aebeptamaes such tract of land Is not auitable,~the Board
is luthcrlzo& to reconvey the dame to the donor,
Therefore, in answer to your second question,
it is the epinion of this Department that the FwkrBoanl
would be authorized to aocept the undivided one-hal? in-
terest now vested in the County of Bexar, Texas, in and
te the Plaza ef Mission San Jose,
Hon. E. Il. Camiade - Page 5 ('iT-133)
SUMMARY
subject to the limitations imposed
by agreement, Bexar County nay transfer
and the Texas State Parks Board may ac-
cept in behalf of the State, title to an
undivided one-half interest in and to a
tract of lana referred to as the "Plaza
of Mission San Jose".
Yours very truly
ATTORNEY
GENERALOF TEXAS
Burnell Weldrep
BW:djm:wb Assistant
APPKOPEDAPRIL 8, 1947
ATTORNEY
GENERALOF i'EX&3