Untitled Texas Attorney General Opinion

The Attorney General of Texas
April 11, 1984
JIM MATTOX
Attorney General
Supreme Court Building Honorable Charles Evans Opinion No..JM-145
P. 0. BOX 12548 Chairman
Austin, TX. 78711. 2548
Committee on House Administration Re: Acquisition of land for
512/475-2501
Telex 910/874-1367
Texas House of Representatives Gateway State Park
Telecopier 5121475.0266 P. 0. Box 2910
Austin, Texas 78769
714 Jackson, Suite 700
Dear Representative Evans:
Dallas, TX. 75202-4506
2141742.8944
You ask whether certain property, established as Gateway State
Park, may be deeded to the state in parcels at various times or only
4824 Alberta Ave.. Suite 160 in whole in a single conveyance. Additionally, you ask whether the
El Paso, TX. 79905-2793
state may accept only land that is connected to described land. We
9151533-3484
conclude that the state may acquire described land in more than one
conveyance, but that only connected lands may be so acquired.
01 Texas. Suite 700
Houston, TX. 77002.3111 House Bill No. 2061, Acts 1983, Sixty-eighth Legislature, chapter
7131223-5886 983, at 5354, established Gateway State Park to consist of all land
described in House Bill No. 63, Acts 1979, Sixty-sixth Legislature,
608 Broadway, Suite 312
chapter 542, at 1131. House Bill No. 2061 repealed section l(c) of
Lubbock. TX. 79401.3479 House Bill No. 63 but left the remainder of the act intact. House
8061747.5238 Bill No. 63 contains the authorization for and the method of acquiring
land for the park:
4309 N. Tenth. Suite 6
McAlten, TX. 78501-1685 Section 1. (a) The Parks and Wildlife
5121682.4547 Department shall accept and may record ss and when
offered any conveyance to the State of Texas of
land and improvements on land:
200 Main Plaza, Suite 400
San Antonio. TX. 78205.2797
51212254191 (1) described in Subdivision (1). Section 2 of
this Act;
An Equal Opportunity/ (2) having a boundary that is contiguous with
Affirmative Action Employer
or adjacent to a boundary of the land described in
Subdivision (l), Section 2 of this Act;
(3) having a boundary that is contiguous with
or adjacent to the boundary of land accepted under
Subdivision (2) of thins section or under this
subdivision; and
p. 623
Honorable Charles Evans - Page 2 (JM-145)
-.,
(4) described in Subdivision (2). Section 2 of
this Act.
(b) Acceptance under this Act may be
accomplished without regard to whether the
conveyance of land that may be accepted is made in
one or more instruments executed at different
times.
. . . .
Sec. 2. Section 1 of this Act refers to the
following property:
(1) [land described by metes and bounds,
‘tract 1’1
(2) [land described by metes and bounds,
qtr&i 2’1
sec. 3. The Parks and Wildlife Department s
acquire and record other property which is
contig”o”s with or adjacent to the property ?
described or provided for in this Act, to be used
for park purposes . . . . (Emphasis added).
Sections l(a) and l(b) of House Bill No. 63 read together
specifically authorize acceptance of land described therein “as and
when offered . . . without regard to whether the conveyance of land
that may be accepted is made in one or more instruments executed at
different times.” Thus, the state may acquire authorized land in
parcels. However, House Bill No. 63 limits the particular parcels
that may be so acquired.
House Bill No. 63 mandates acceptance of land described by metes
and bounds in subdivisions (1) and (2) of section 2 (tracts 1 and 2),
land with a boundary that is “contiguous with or adjacent to” tract 1.
and land with a boundary that is contiguous with land which is
connected to tract 1 and which is “accepted.” Additionally, section 3
of House Bill No. 63 authorizes acceptance of land contiguous to land
descrl~bed as tract 2.
Although “adjacent” does not always mean actual contact,
“Contig”o”s” means more than near; it means touching at a point or
along a boundary. City of Safford V. Town of Thatcher, 495 P.2d 150.
153 (Ariz. Ct. App. 1972); Black’s Law Dictionary (5th ed. 1979).
Texas courts also use “adjacent” to describe land that is touching.
See Carlton V. Marshall, 208 S.W.2d 661 (Tex. Civ. App. - Austin 1948,
writ ref’d n.r.e.); Smith V. Linton, 130 S.W.2d 1108 (Tex. Civ. App. -
p. 624
Il~u~-;~hle Charles Evans - Page 3 (JM-145)
Galveston 1939). rev'd on other grounds, 154 S.W.2d 643 (1941). House
Bill No. 63, section l(d), defining "contiguous" and "adjacent"
together, explains them as follows:
For the purposes of this Act, boundaries are
considered to be contiguous or adjacent where each
follows the right-of-way of a public roadway,
including the Dallas-Fort Worth Turnpike, or a
river channel, or are separated only by the public
roadway or the river channel. (Emphasis added).
Section l(d) indicates that the presence of a narrow, intervening
interest in land such as state ownership of the beds of navigable
streams, see Coastal Industrial Water Authority v. York, 520 SiW.2d
494 (Tex.Civ. App. - Houston [lst Dist.] 1975). aff'd, 532 S.W.Zd 949
(1976), will not prevent land from being "contiguous." If the
legislature found it necessary to specify that tracts are not
prevented from being "contiguous" or "adjacent" when separated by a
river channel or a roadway, it probably intended both "contiguous" snd
"adjacent" to mean touching. Thus, under House Bill No. 63, the state
may acquire only property that is physically touching tracts 1 and 2.
As indicated previously, the state must accept land connected to tract
1 ;Ind x accept land connected to tract 2. However, House Bj,ll No.
63 also mandates acceptance of additional contiguous land with regard
to tract 1.
Texas courts treat "contiguous" as bordering a specified lot or
as bordering another lot which borders the specified lot; thus three
tracts may all be "contiguous" with each other in the sense that one
tract borders on a middle tract which in turn borders on another
tract. Railroad Commission V. Lone Star Gas Co., 587 S.W.Zd 110 (Tex.
1979). Although, under Texas law, "contiguous" embraces the idea of
numerous tracts being "contiguous" by relation, House Bill No. 63
specifically authorizes acceptance of an expanding group of contiguous
parcels only with regard to tract I. Subdivisions (2) :snd (3) of
section l(a) authorize acceptance of land
(2) having a boundary that is contiguous with
or adjacent to a boundary of the land described III
Subdivision (l), Section 2 of this Act; [and]
(3) having a boundary that is contiguous witI>
or adjacent to the boundary of land accepted under
Subdivision (2) of this section or under this
subdivision; (Emphasis added).
In contrast, section 3 provides:
p. 625
Honorable Charles Evans - Page 4 (JM-145)
The Parks and Wildlife Department may acquire
and record other property which is contiguous with
or adjacent to the property described or provided
for in this Act, to be used for park purposes.
Although section 3 includes the words "or provided for," the Bill
Analysis states that section 3 means that the
Parks and Wildlife Department may acquire and
record other property contiguous or adjacent to
property described in this Act, to be used for
park puspoes.
Additionally, the specific mandate for acceptance of expanding
co"tig"o"s tracts applies only to tract 1; thus, by negative
implication, the concept of expanding contiguous tracts does not apply
to tract 2.
Thus, the state must accept, first, land described herein as
tracts 1 and 2; second, land that is connected to tract 1; and third,
land that is contiguous in turn with land which is connected to tract
1 and which has already been accepted. Additionally the state 9
accept land that is connected to tract 2.
If any authorized "expanding" contiguous land is offered in
multiple conveyances, the state may accept only those portions which
are connected to middle parcels that are already accepted and are
connected to tract 1. Sections l(a) and (b) of House Bill No. 63 only
authorize acceptance of land described therein
88 and when offered . . . without regard to
whether the conveyance of land that may be
accepted is made in one or more instruments
executed at different times. (Emphasis added).
Therefore, acceptance of contiguous tracts by parcel is limited to
acceptance of co"tig"o"s parcels. Without assurance that parcels will
be physically connected, except as provided for roadways and
waterways, the state cannot rationally fulfill the purpose of Aouse
Bill No. 63 and House Bill No. 2061, mandating acceptance and
development of all specified land as a park.
SUMMARY
The property specified in House Bill No. 63.
Acts 1979, Sixty-sixth Legislature, chapter 542 at
1131, and established as Gateway State Park by
House Bill No. 2061, Acts 1983, Sixty-eighth -
Legislature. chapter 983, at 5354, may be deeded
p. 626
e .
Honorable Charles Evans - Page 5 (JM-145)
to the stats in parcels. HOWeVer, except as
provided for roadways and waterways, the state
must accept, first, land described herein as
Gts 1 and 2; second, land that is connected to
tract 1; and third, land that is contiguous in
turn with land which is connected to tract 1 and
which has already been accepted. Additionally,
the state a accept land that is connected to
tract 2.
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
'Nancy Sutton
p. 627