THEA~~~ORNEY GENERAL
OFTEXAS
WILL WIJASON
AlTORN- GLCNERAL -May 15, 1957
Hon. S. Perry Brown
Chairman and Executive
Director
Texas Employment Commission
Austin, Texas
Opinion No. NW-119
Re : Methods and manner of purchasing
land for the construction of the
State Headquarters Office Build-
ing for the Texas Employment Com-
mission.
Dear Sir:
In your request for our opinion on the above matter,
you have stated the following:
"Please assume the following language
to be contained in the Texas Employment
Commission portion of the biennial appro-
priation act for 1957-1959 approved by the
Governor:
'Purchase of land and construction
of State Headquarters Office Building,
83,~50,000.
"This language presently appears in
H. B. 133, the appropriation bill passed
by the House, and in the Senate Appro-
priation Bill, S. B. 57, passed by the
Senate."
Based on the language thus stated above, you asked
these two questions:
"Under the language of the appro-
priation act and Article 5240, V.C.S.,
may the Commission pursue the following
courses:
Hon. S. Perry Brown, page 2 (WW-119)
“1. If the Employment Commission
and the owner of the land do not agree upon
a purchase price for the land required for
the Commission's State Headquarters Office
Building, may the Governor request and di-
rect that the Attorney General cause con-
demnation proceedings to be instituted
against the owner?
"2 D May an award for damages, if not
excessive in the opinion of the Governor,
for the acquisition of such land, out of the
funds appropriated by the quoted language,
take title to the land by a deed and/or
court decree conveying such land to the
'State of Texas, for the use and benefit of
the Texas Employment Commission.'"
The language used in the assumed appropriation act is
sufficient to authorize the proper persons to proceed to purchase
land and construct the building for the State HeadQuarters for
the Texas Employment Commission.
There is nothing in the language used in the above
assumed appropriation act which would indicate anything other
than that the land is to be acquired under the general authority
of Article 5240, V.C.S. The word 'purchased' as used in the as-
sumed appropriation act is not a restriction on the way the land
should be acquired, but merely indicates that the sum thus ap-
propriated would be used to pay for the land rleeded, whether the
land is acquired through vo?u:,ltaryor invol,untary sale.
Therefore, under Art. 5240, V.C.S*, the Employment
Commission may selec,t a site and negotiate with the owner. HOw-
ever, the power to purchase rests exchsively with the Governor
and the Employment Commission cannot bind the State on any
land purchase contract.
In the event a price cannot be agreed upon between
the Governor and the owner, the Governor may direct the Attor-
ney General to institute condemnation proceedings as in any
other case where land is acquired for any character of public
use.
Upon an award, not considered excessive in the opinion
of the Governor, the owner may 'be paid the amount of ,the award
out of the fund appropriated in the assumed appropriation act,
and the title taken in the name of the State of Texas.
Hon. S. Perry Brown, page 3 (NW-llg),
SUMMARY
Under the language of the hypothetical
appropriation act contained In the opinion
request and the authority of Article 5240,
V.C.S.) the Governor is authorized to pur-
chase land for the Headquarters of the Texas
Employment Commission, and upon failing to
agree upon a price with the owner, may direct
the Attorney General to cause condemnation
proceedings to be instituted; and in the
event the Governor does not consider the
award of damages excessive, such award may
be paid out of the funds appropriated, and
title to such land may be taken in the name
of the State of Texas.
Very truly yours,
WILL WILSON
Attorney General of Texas
Assistant
APPROVED:
OPINION COMMITTEE:
H. Grady Chandler, Chairman
Elbert M. Morrow
Marietta M. Payne
Riley Eugene Fletcher
REVIEWED FOR THE ATTORNEY
GENERAL BY:
Geo. P. Blackburn