. 131
OFFICE OF T’HE ATTORNEY GENERAL OF TEXAS
AUSTIN
.
Xmoroblo D. C . haor
State Highway &@.neor
Au&in, Toxar
Dear Sir:
st ror an oplnlon
You havb attao oontayanor whioh oon-
talns *ha rou0ting
II aoaoptsd, subjeot to
$13 made with the rurthsr *en-
veyanor
rhould the above dbsoribed rUi1 ltata
on& by the gantsa, ltr suooea8ors and
lirrlgaa ror public road purpofma, that the ior rimple
title therrto till revert to grantor, his heirll, aSSigna
or legal represmtatlres.*
Bared~upon the above quoted portion6 oi the doad, you havr
amkd the rollawing two quart ionrr
Hon. 0. C. Gresr, page 2
1.. Unlder the first paragraph or the wrltten-
in rsetriatlons, can Ur. MoRaohern, his heirs or
aesigna, at any timaenter upon the property dssoribed
in the deed, ror the purpose 0r mining, drilling, ex-
ploring or developing the reserved mineral rights, or
does the paragraph as written give the State superior
title?
Under the eeoond paragraph of the written-in
restri~~iona sin04 the shown consideration or $313&O
is paid by &able County, oan the Department aooept
auoh a reetrlotion, namely, the property described
In aald bed. to rerert dlreot to the Orentor, hi8 heira
or assigns, upon abandonment by the State.*
In answfn to your question No. 1, you are advised that
while the provisions reserre to the grantor the minerale under
said leads and grant to the grantor the right to take usual
and neoesaary meana in procuring said minerals, this right
of the grantor is sub jeot to the righta or the State ror road
p ur p o ses l The precise question here presented has never been
direotly answered by our oourte but in oonnection therewith
you are advised that the general publio highway easement extenda
to the highway as looated, and oomists in privilege 0r passage,
with lnoidental poxem and privileges, such as the right to
oonstruat and maintain safe and convenient roadway and to do
any other acts which will tend to raoilitate travel and are
in furtheranoe ‘of purpose for whioh the land was aoquired.
Mosheim vs. Rollins, 70 S. ;“I. (2d) 672.
The rights reserved by the grantor to the mineral8 are,
therefore, subject to the powers, duties and privileges of
the State as above set out,
In answer to question No. 2, you are advised that no pro-
vision has been made by law reetriotin the oharaoter of. title
Which may be aaquired by the State Oi !ileras for highway purposes
nor has any provision been aode which prevents the Highway Ee-
rl;zz;t rrom aooepting oonveyaucea aontaining reversionary
The powers of the State Highway Coma;iseion are broad
and their decisions on all mttere relating to the oonstruction
and maintenanoe of highways are supreme. Mosheim YEI. Rollins,
78 0, W. (2d) 672.
Chile it is true. that Artlole 6672a, Vernon’e Revised
Civil Statutes, provides that abandoned right of way may be
cold, them la nothing in that statute that would indioate an
.
Il.33
Hon. D. C, We@, gags 3
intention on the part oi the Legislature to rastrict the
character of olonveyanoe to be aoaepted by the Aighway Depart-
ment;’ .Thls statute wae pssaed for the purpolre of prevanting
the sale or right or way purohased by the State without re-
covering adequate oompeneatlon th4refor and providea for the
replaolng of runde used to purohas4 this right of way in thb
run& iron: uhioh it was taken. Aut in the instant case, it
would be Dreamed that th4 kind 0r title aoquir4d would be
%aken into consideration in the amount 0r the puroham? price.
It 18, therefore, our opinion that it is entirely within the
dlsontlon OS the State Alghway &umission as to whether or
not they will aocept a aonveyanoo which provides that th4
title thereto will revort to the grantor in th4 event it 1s
abandoned by the Stat4.
Truatlng that this satiaiaatorllg answer8 your questions,
we are
Your0 very truly
AlTORKW GRN-&ALOP l!EUS
.