..
THE.ATI?ORNEYGESERL%L
OF~EXAS
Acsmn-. TEXAS
April 24, 1948
Hon. L. E. Klq Opinion Ao. v-553
County Attorney
Sablne County Re: Authority of Commis-
Hemphill, Texas sioners’ Court to at-
tach land to a Stock
Law District vhich is
not adjacent thereto.
Dear Mr. King:
Your lrequestfor an opinion Is substantially
as follovst
“Can the Commlsslon8rs’ Cou.Ptof
the County, upon the petition of 13
freeholders, none of whose land adjoins ‘.
the Stock Law District that vas creat-
ed by the Municipality, order the terrl-
tory attached to the Municipality, where
there 1s~a tract of land betveen the
bnlclpallty and the 13 petitioners vhose
ovner has not petitioned to become a part
of the Stock Law ~Dlstrlct?
“I have advised the Commissioners’
Court that they could not join the~Munl-
cipallty (which has a Stock hv District)
and run their lines through the tract that
adjoined the Municipality (but vaa between
the Munlclpalltg and the petitioners) ulth-
out the consentnof the ~ovner of the tract
so Intervening.
Article 69311 V. C. S., 1s as follows:
“UheneveP there is territory,betveen
two (2) subdlvlslons of a county~vhlch
have adopted a stock lav, or vhen there
Is territory adjoining a subdivision vhlch
has adopted a stock lav, in a county, or
in an adjoining county, and In uch terri-
tory there are less than fifty 750) free-
holders, an election shall be ordered on
’ ...
-
Eon. L. B. gin&, page 2 (v-553)
a petition of a majorIt of the freeholder8
residing in such temltory by the Commfs-
sioners Court of the County in which the
territory lies, and the election shall be
held as provided by lav in Other cases re-
lating to the adoption of the at ck law.
If there be less than twenty (20P free-
holders In such intervening or adjoining
territory, then on petition of a majority
of the ovners of the land to said Commls-
sloners Court, the said Commissioners Court
shall Issue an order extending the stock
law to said territory and the same shall
be included in the territory of such ad-
jOi.I%lllg
subdlvlslon; in cases where there
Bse no freeholder8 DD such iut8rV8XliIlgor
adjoining territory, then on the petition
of the ovner or ovners of the land to said
cosmissionerscourt, the said Court shall
issue an order extending the stock lav to
said territory, and the same shall b8 ln-
eluded In the territory of such adjolnlng
subdlvislon; and any 'person or persons who
ovn lands adjoining any other lands vhich
have been added to territory in vhlch a
stock law prevails, shall have the same
right, and on petition of the owner or
ovners of such lands to the said Court,
the said Court shall issue an order ex-
tending the stock law to said territory,
and the same shall be Included in the
territory of such adjoining subdlvlsion."
Your factual situation reflects that the land
of the petitioners does not adjoin thenStock Lav Dis-
trlct but that~there Is a tractsof land Interveningbe-
tveen the Stock Lav District and that of the petltlon-
era.
The construction placed upon Article 69 1,
v. c. s., In the case of Tubbe v. Sample, 62 S.W. 726)
362 (Clv. App. error diss&ssed, 1933) is to the effect
that any defined territory vhich adjoins a Stock Lav
~lt~~~rsp be added to such district upon petition of
In requiring the attached lands .to.~.be
ad-
jacent to ihe district or subdlvislon to which they are
added for stock lav purposes, It vas the evident intent
of the Legislature to prevent the attaching of segrega-
ted tracts or territory not actually CoMected with the
i ..* -
,. -
Hon. L. B. King, page 3 (V-553)
stock lav district, thus insuring that suCh district
shall at all times be a single, veil defined subdlvlslon.
It will b8 readily seen that the tract of land
referred to in yOUI'request does UOt Come Vithin the
meaning of Article 6931 and, therefore, it 18 the opin-
ion of this department that the ~ommlssion8rs1 Court my
not join land to a Stock Lav District 'which is not adja-
cent but has an lntervening'tract of land b8tW88n the dls-
trlct and the territorg to be jo%ned.
SUMNARY
A Comlssloners~ Court'mag not attach
land to a Stock Law District where such
land is not ad-jac8ntbut has an lnterven-
lug tract of land b8tW88n the Stock LaW
District and the terrltorg to be attaCE8d;
Yours very trulg,
ATTORNEY GRNEXALyOF TEXAS
B9Z-JJ
BW:lIlW Burnell Ualdrep
Assistant
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