June 13, 1952
Hon. Hartman Hooser Opinion No. V-1459
County Attorney
Howard County Re: Legality of designation
Big Spring, Texas by two or more counties
of the same person as
commissioner to sell a
tract of land in which
each county owns an
Dear Sir: interest.
Your request for an opinion of this office
reads in part as follows:
9/hen two or more counties own an
interest In a tract of land, may each
county appoint the same commissioner to
sell the respective interests of both?
"The Co,untiesof Howard, Martin,
Midland and Ector each own an interest in
thirty-five acres of land situated In How-
ard Co,unty,which land was purchased in
1925 for the purpose of obtaining gravel
for road construction. The counties are
now desiro,usof selling this land and all
want to appoint one man as the commlssion-
er to sell said land at public a,uction.'
Section 1 of Article 1577, V.C.S., provides:
"The Commlssioners Court may, by an
order to be entered on its minutes, appoint
a commissioner to sell and dispose of any
real estate of the county at public auction.
The deed of such commissioner, made in con-
formity to such order for and in behalf of
the county, duly acknowledged and proven and
recorded shall be sufficient to convey to the
purchasers all the right, title, and interest
and estate which the county may have In and
to the premises to be conveyed. Nothing con-
tained in this article shall a,uthorlzeany
Commissioners Court to dispose of any lands
Han, Hartman Hooser, page 2 (V-1459)
given, donated or granted to such county for
the purpose of education In anx other manner
than shall be directed by law,
There is nothing in the above statute or
any other law which prohibits procedure outlined in
your request. The statute does not place any restric-
tion on the commissioners' court in the appointment
of a commissioner for the purpose of selling real
estate owned by the county. While it is well settled
that counties have only such powers as are either ex-
pressly or by necessary implication given them by law,
yet, once authority is vested in them, a reasonable
construction of that authority will be given to effect
its purpose, Commissioners' Court of Madison County v.
Wallace, 118 Tex.
9 27
commissioners' co,urts'aregiven broad discretion In
making the appointment of a commissioner to sell real
estate with no restriction as to whom they may appoint,
we agree with you that when two or more counties own
an interest in a tract of land the commissioners' co~urt
of each county may appoint the same commissioner to
sell the respective interests of all.
SUMMARY
When two or more co,untlesown an interest
in a tract of land, the commissioners' court of
each co,untymay appoint the same commissioner
to sell the respective interests of all. Art.
1577, V.C.S.
Yours very truly,
APPROVED: PRICE DANIEL
Attorney General
J. C. Davis, Jr,
County Affairs Division
Mary K. Wall &&4-*
Reviewing Assistant By 4B %en
Assistant
Charles D. Mathews
First Assistant
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