Untitled Texas Attorney General Opinion ( 1943 )

40-l. OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Ronorabls Jaaes I. PerUns Chinnan, Board of Mana@re Texa8 State Railroad Rusk, Texas Dear 31rl Your letter to th dated May 1, 1943, requesting an oplnlon of t on the above captioned rub&at, baa been d haa attention. Your letter reads of land from exa6 State Rall- road to be u 8 for plant6 t6 be Railroad to en- paovtdad ue can get I)WS OS the to build thw a large plant oxirPately 100 fret by 200 feet. or the cheapest construction vi11 coat probably $25,000.00 or $~O,OOO.OO, and the operating company dssirss to rent the build- and not erect It aa they will be able to deduct the rent pe.id even though it paya the bulldlng out in live to seven pears. They oannot do thle if they erect the building. 402 Hon. Jwwa I. Perkins - Pa@ 2 "02 courae, before starting the oonutructlon of thla tmildln$ t?ls cltlaens putting up the money far ft vant to be certain that they get a Tee eim@s title to thle property and they heve 8 valid convsyamw . I do not Vant to get them into a difilculty or lone their money, but the Board of Managers of the Texaa State Railroad vents to be able to pass 8 valid fee rimaplotitle to the property. Judge Speer 1s famllier vitti thie matter. Jeae!, I. Perkins vho van re-oppointed for a two year term aa Manager on orebout the 25th day of Febmary, 1943, and who joined with the Lieutenant Qovemor John L&e smith and appolnted Rearm. H. V. HamIlton and J. R. Angly of Pale8tlne atr the other board members. The Hon. J. E. Angly succeeded himself aa hia two yeare tam had theretofore expired on Narch 11, 1943, and Hon. H. V. Eamfiton having been appointed at the eanm time vlth Hr. AX&Y to fill the term of Hon. Lynch Dovidaon VhO88 tW0 ear term expired on #Jarah 11, 1943, and about the 2B th day of March, 1943, Hon. John Lee Smith appointed the raid Jams I. Per- klnr, under pover vested in him, aa Chairman ot said Board. Ue vould, of course, like to have a meeting of the Y508rd of M8negers and paaa the proper reoo- lution and 8uthorIty and execute a proper deed bared upon a nominal GonrLderation to the partlee da8lrlng to wwat this bulldlng. Ye do not expect to grant a fee aimple conveyance to any of this property exoept where Ft la neceaeary that the parties umlng it have a fee 6I18ph title for the purposs of placing bond8 and mortgagee agalnat it, It is very neeersarg that we have a ruling in thie matter tn the next three or Pour &pa for the rek``on that t&e constructIon and erection of a large plant OS thin kind for dehydm- tlng and processing vegetablea, eggs and etc. vlll have to be fully oonstructed vithln the next six or aevez~ waekr or It vi11 be too late to rave a large part of thle mason’s vegetables and truck crop6 in East Texas, 90 per cent of which will be uaed by the Qovern- mnt in It6 v8r effort.” Hon. Jsorsa I. Perkins - Page 3 You attaah to your letter a copy of senate ~lll HO. 188. This bill groVi.dee that the title to the land in queetion ia tranrferred from the Rusk Suite Hoepita and verted In the Texas Steto Railroad. The authority vel non of tb Legfelaturs to tranaf’er title to Brats lends by gill is not paseed on ln this opinion ln vlev of our opinion bared on the conotltutionnl. and statutory provlsiono applicable, ve think, to the altuation presented in your letter. Xn the year X917, the Legislature e8tabllohed the Rusk Srrte Hospital. Vhe Act, among other things, provldea that 80 much of the laabs ef the Eart Texea Penitentlmy at guslc, Texas, 88 ~149 be requisite and neeful is out sslde for the ume of raid hospital; that the Governor, CorPptrollew of Public Aucounto and Stats Tresrurer shall conetltute & board to &- tsraine vhat, if say, property owned by tha BEate at Rusk, Texna, and used 1.n whole or in pa&t by the penltentlory q&em, rh~ll be let apart to and uclad permanently by the horpltal. (Bee Act April 4, 19X;, Chapter 1.98, Sec. 1). s0ctlon g or f&taale -/ of the Conatltutioll or thin stats reads 80 Pollow*r .‘til lmdr heretofore granted for the benefit of th0 Lunetlc, Blind, Deaf and Dumb, and Orphaa ~sylu?as, together with ouch donationa 66 may have been OP nay hexumftmr be made to 6ither of them, re- 8pectlvely, as indicated in tha ``~veral gxanta, are hereby set apart to provide a permanent iuntl SOP the rupport, maiotenanoe and improvement of lrtd Aaylumr. Aid the l,egislature may provide for the aale of tha landr and the Fnvsatmnt of the proceeds In nant~w a8 provided for tha sale and LnveMiment of school laad8 In sectloa 4 of this A~ttofe.” In view of the quoted conatitutlonnl provision, it ta the opinion of thi.s department that the iSo8rd of #@naaem of the TeXa8 Stats Railroad aannot p&as title to the land ln question. Your8 wry truly ATTORNEY OERJERALOF TEXAB