A NETiT
TEXAS
September 13, 1949
lion. llathan M. Ho1t Opinion Ilo. v-go0 .
County Attorney
Panola county Re: The legality ef PamU County
Carthage, Texas entering Into a lease agree-
rent vlth private citizens for
airport fadilltles.
Dear Sir:
Your request fer an eplnlen Is in part as fel-
lows:
"It Is requested that yeur office render
an eplnlon on the legality, of Panola County,
Texas entering into a lease agreement with
private citizens for airport facllltier In the
restricted manner evidenced by the enclosed
contract and further whether they can enter
into a lease agreement for 'alrport,fa~llltler
under any twt~y~; -a+ related
', "~'_, ~m%~fip~,p
,~
It was held in Attorney ,Qenerallb'Oplmien Re.
O-4972 that there was no provision In the statutes ef
this State which would authorize a county to acquire
land for an airport by lease from an lndivldual. Sub-
sequent to this Opinion, H.B, 334, Acts of~the 30th Leg-
islature, 1947 Chapter 114, page 183 (.Aitidle,466-l--
466-22, W.C.S.j, was enacted.
,; * "~,
Article 46d-1 provides: '~';"
,,~I: ,,
“As used in this Act, unless~-~t~~#hext.~.: :.,
othervlse requirea.
"(d) gMunlcipalityw means any, county, or
any incorporated city, village or townof .thir
state. Wunlcipal~ means per~lningto a mu-
nicipality as herein defined.
Article 46dd provides:
'(a) Establ+vhment,, Operation, Iand AC-
quisition. Every mGnitilpalityy?$s author,iz,ed
;,.I ,>(. ,,
Hon. Hathan M. Holt, page 2 (V-900)
out of any appropriations or other moneys
made available for such purposes, to plan, es-
tablish, develop, construct, enlarge, improve,
maintain, equip, operate, regulate, protect
and police airports and air navigation facil-
ities, either within or without the terrltor-
ial limits of such municipality and within or
without the territorial boundaries of this
State, including the construction, lnstalla-
tlon, equipment, maintenance and operation at
such airports of buildings and other faclll-
ties for the servicing of aircraft or for the
comfort and accommodation of air travelers,
and the purchase and sale of supplies, goods
and commodities as an incident to the opera-
tion of its airport properties.
poses the munlcinftllty may use an!--%F- avails e
property that It nag now or hereafter own or
control and may, by purchase, gift, devise,
lease, eminent domain proceedings or other-
wise, acauire property, real or personal, or
any Interest therein including easements In
airport hazards or land outside the boundar-
‘ies of an airport or alrnori;-site, as are nec-
essary to nermlt aafe and efficient operation
of the airport or to permit the removal,
elimination, obstructlon--marking of obstruc-
tion--1ig hting of airport hazards or todpre-
vent the establishment of airport hazar s.
“(b) Acquisition of Exlstlng Airports.
The munlcipallty may by purchase, gift, de-
vise, lease, proceedings or otherwise, acquire
existing airports and air nav.lgatlon’ faclll-
ties, provided however it shall not acquire or
EiG over any airport or air navigation facll-
ity owned or controlled by another municlpallty
or public agency of this or any other State
without the consent of such municipality or
public agency.”
Under the provisions of Article 46d-2 Pan&a.
county, acting by and through its Commissioners’ Court,
has the express authority to lease.existing airport
facilities from private citizens or individuals.
The Commissioners’ Court, acting under this
authority, leased from W. C . Martin of Panola County
the surface of ninety acres of land for the purpose of
Hon. Rathan M. Hclt, page 3 (V-900)
airport landing strips and facilities only. You have
pointed out certa+n objectleasto the ceatract, such as
the restricted control of the improvementsaad alleged
lack of present beseflt to the county. All of this gees
to the merits of the contract rather than Its legality.
The term of the particular contract are subject to the
dlscretiQn of the Commissioners’ Court so'lexg as they
are vlthln the general authority of the statute.
In view of Article 46d-2, it is eur opinion
that the Commissionerst Court of Panola County acted
within Its statutory authority vhen It entered into the
lease contract above referred to.
The Commissioners8Court of Panola County
has authority to lease from individualsexlst-
ing airport facilities. Article 46d-2, V.C.S.
Yours very truly,
ATTORREY ORRERAL OF TEXAS
John Reeves
JR:bh Assistant
APPROVED
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ATTORHEY 0EJtEREd.a