TEXEAITORNEY GENERAL
OF-
Honorable Bill Allcorn Oplnlon No. WW-914
Conmiirrrloner
Qeneral Land Office Re: Is the Cieneral Lend
Austin, Texas OSflce authorized
under Article 8225,
V.A.C.S., to sell
State owned land to
the San Patrlclo
County Navigation
Dlstrlct No. 1 when
eald land la located
outside the boundaries
of such dlatrlct?
Dear Hr. Allcornt
me following inquiry Is made in your opinion re-
quest to this office:
“I would like to have your opinion as to
whether a navigation dlstriot hae the authorlty
to purchase land outside the boundaries of their
district?”
Your letter which oontalne this opinion request
states that San PatrlciO County Navigation Dletrlot No. 1 has
made application to buy 855 acres of land owned by the State
of Texae for $1.00 per acre under authority of Article 8225,
Vernon’s Annotated Civil Statutee. mi8 particular property
1s located outside the boundaries of 8uch district, and further,
it does not adjoin these boundaries.
It Is also our understanding that such lands are
to be Improved for and used, at least In the beginning, as
a pleasure craft facility to serve the City ot Portland, Texas.
The City of Portland lles outside the limits of this district,
and it also appears that the boundaries of this dletrlct are
several miles dlatant from the land sought.
We have been’advleed that San Patrlalo County Navi-
gation District No. 1 was organized under and by authority of
Article 8263h, Vernon18 Annotated Civll’Statutea. This article
authorizes districts thereunder to make Improvements for the
Inland and coaetal waters together wlth certain other improve-
ments to promote navigation.
Honorable Bill Allcorn, page 2 (WW-914)
Article 8225, V.A.C.S., makes provlalon for the
purchase of State owned lands by navigation dlatrlcts under
the following conditions, to-wit:
“The Commlesloners are empowered to ac-
quire the necessary right-of-way and property
of any kind for all necessary improvements con-
templated by this title by gift, grant, purchase
or condemnation proceedings. Any navigation dls-
trlct heretofore or hereafter organized under this
title or any general law under which eald aub-
dlvlelons may be created shall have the right to
purchase from the State of Texas any lands and
flats belonging to the aald State, covered or
partly covered by the waters of any of the bays
or other arms of the sea, to be used by aald
district for the purposes authorlzed by law with
the right to dredge out or to fill In and re-
claim said land8 or otherwise improve the same;
and the Connnlseloner of the Qeneral Land Office
la hereby authorized and directed to sell the
same upon appllaatlon aa hereinafter provided,
at the price of One ($1.00) Dollar per acre....”
(Rnphasis supplied. )
Prior to an amendment In 1931 (Acts 1931, &!nd Leg.,
2nd C.S., p. 38, ch. 21), Article 8225, V.A.C.S., provided
that any State owned lands to be purchased by a navigation
district thereunder should be “covered or partly covered by
the waters of any of the bays or other arma of the sea wlth-
In said district.’ lhat language of the above quoted pro-
vision reading “within said district” was deleted by the above
amendment.
However, another section found In the same Act a8
Article 8225, V.A.C.S., and to be read into such article now,
ie codified as Article 8198, Vernon’s Annotated Civil Statutes,
which, in llmltlng the scope of navigation districts, provides
that eald districts may lmprove rivers, bays, creeks and canals
“within or adjacent to such district’ In aid of navigation.
Therefore, while there 16 no express restriction
under Article 8225, V.A.C.S., again& purchase by a navlga-
tlon district of lands outside Its boundaries, we are of the
opinion that any such lands muat, at least, be covered or
partly covered by the waters of bays or other arme of the sea
adjacent to the district in view of Article 8198, V.A.C.S.
It should be noted also that one of the restrlc-
tlona of purchase under Article 8225, V.A.C.S., la that such
property Is to be used “for the purposes authorized by law.”
Honorable Bill Allcorn, Page 3 (WW-914)
In addition, this statute llmlte the power of aoqulsltlon
of navigation districts to those lands which are required
“for necessary lmprovemente contemplated by this title.”
It must be concluded from reading the above
statutory provlelone together that the Legislature clearly
intended that a navigation dletrlot la authorized only to
purchase State owned lands outside their boundaries under
Article 8225, V.A.C.S., when such lands are to be ueed for
lawful purposes of the dlstrlot concerned, for purposes
which have substantial relatlonehlp to the needs of such
district and when the lands to be aoqulred are covered or
partly covered by the waters of bays or other arms of the
sea adjacent to the district.
Applying the test In the paragraph Immediately.
above, there Is considerable doubt as to the authority of
San Patrlolo County Navigation District No. 1 to buy the
lands In question. mere has been no showing that the pro-
posed use has any substantial relationship to the needs of
the dlatrlct. In fact, the dlatrlct~s declared purpose for
the purchase of these lands 18 prlmarlly for use as a pleasure
craft facility to serve a cozmnunlty which Is not located wlth-
In the district. Moreover, It appears that the lands to be
aoqulred are not covered or partly covered by the waters of
bays or other arms of the sea either within or adjacent to
subject district. However, these factual determinations are
for your office.
While Article 8225, V.A.C.S., make8 no provision
for any formal hearing by your office on these questlone,
nevertheless, any applicant for purohase of State owned lands
under the terms of such statute should be required to submit
sufficient facts to your office to show compliance with the
requirements of purahaee detailed above.
SUNNARY
me General Land Office la authorized to
sell to navigation dlstrlcts State owned lands
outside their boundaries under Article 8225,
Vernon’s Annotated Civil Statutes, only when
It appears to such office that these lands are
to be used for lawful purposes of the navigation
district concerned, for purpoees that have eub-
stantlal relationship to the needs of such dlrr-
trlot and when,auoh lands are covered or partly
Honorable Bill Allcorn, page 4 (WW-914)
covered by the waters of bays or other arms
of the e.ea adjacent to said district.
Yours very truly,
WILL WILSON
Attorney General of Texas
TB:ljb:bh
APPROVED:
OPINION COMMITTEE
&x-don C. Case, CMlrman
Virgil R. Pulliam
Llnward Shivers
Wm. H. Pool, Jr.
Marvin Ii. Brown, Jr.
REVIBWEDFOR!IXEATT0RNEyc)ENBRAL
BY:
Leonard Paeemore