Honorable Bevington Reed Opinion No. M-700
Commissioner, Coordinating
Board Texas College and Re: Authority of Junior College
University System Districts to acquire build-
P. 0. Box 12789, Capitol Station ings and lands for buildings
Austin, Texas 78711 under eminent domain.
Dear Dr. Reed:
In your letter requesting an opinion from this office, you sub-
mitted the following question:
“Under Section 51. 073 or any other section
of the Texas Education Code does the Board of Trustees
of a County Junior College District have the power of
eminent domain for the purpose of acquiring buildings,
lands for building or campus sites, or other property
determined by the Board of Trustees of such districts
to be needed to carry out the authorized functions of
such districts? ”
V.A. T.S., Education Code, Article 51. 073 states that:
“The Board of Trustees of junior college districts
shall be governed in the establishment, management, and
control of the junior college by the general law governing
the establishment, management, and control of independent
school districts insofar as the general law is applicable. ”
To determine the power of an independent school district with
regard to the power of eminent domain, Article 23. 31 of the Education
Code, Vernon’s Civil Statutes, states that:
“(a) All independent school districts . . shall
have the power by the exercise of the right of eminent
domain to acquire fee simple title to real property for
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. .
Honorable Bevington Reed, page 2 (M-700)
the purpose of securing sites upon which to construct
school buildings or for any other purpose which may
be deemed necessary for the independent school dis-
trict. ‘I
These two sections of the Texas Education Code are intended
to be read together. By means of them, the Legislature has conferred
upon the Board of Trustees of a Junior College District, the power of
eminent domain.
In conclusion, it is our opinion that the Board of Trustees of a
Junior College District, by virtue of the reading together of Sections
51.073 and 23.31 of the Texas Education Code, has the power of eminent
domain for the purpose of acquiring buildings, lands for building or cam-
pus sites, or other property determined by the Board of Trustees of such
districts to be needed to carry out the authorized functions of such dis-
tricts.
SUMMARY
Under Articles 51.073 and 23. 31 of the Texas
Education Code, the Board of Trustees of a Junior
College District has the power of eminent domain for
the purpose of acquiring buildings, lands for building
or campus sites, or other property determined by the
Board of Trustees of such districts to be needed to
carry out the authorized functions of such districts.
n
[&IIiJ&~
Attor ey General of Texas
Prepared by Edward B. Rather
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
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Honorable Bevington Reed, page 3 (M-700)
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
James McCoy
Malcolm Quick
Tom Sedberry
Houghton Brownlee
Meade F. Griffin
Staff Legal Assistant
Alfred Walker
Executive Assistant
Nola White
First Assistant
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