AUSTIN.TEXAS
x=IUCE DANIEI. *ADAIs DID-ON
.--o- w---
May 17, 1948
Hon. Joseph C. Ternus Opinion No. V-582
County Attorney
San Patricia County Re: Authority and pro-
Sinton, Texas cedure for the ex-
ecution of an oil
and gas lease of
land owned by a
county.
Dear Sir:
We refer to your letter of March.16, 1948
requesting our opinion concerning the authority of
the Commissioners' Court and the procedure for the
execution of oil and gas leases on land owned by San
Patriclo County, and to your supplementary letter of
April 15, 1948.
One of the tracts of land was conveyed to
the County Judge, June 12, 1916, as a site for a build-
ing I,. . . for the benefit of the colored youths of
the community; . . .I';all of the other tracts were
conveyed to San Patricia County by general warranty deed,
without any kind of restriction.
We note that the land in question is adjacent
to a highway. We consider this fact unimportant because
no question of obstruction of traffic on the highway is
involved.
Article 5400a, Vernon's Civil Statutes, auth-
orizes and controls the procedure for and the execution
of mineral development leases on county owned land. Our
OpinionsNo. V-379 con,s,idered
this.,~art$cle
and~~wee&Lose
a copy of that opinionfbr your information. That artyf~-
cle makes plain the authority and procedure which per-
tains to the leasing of county owned land for the devel-
opment and production of minerals, but no authority is
given to enter into pooling agreements by which county
owned land may be pooled with other land.
5834) Hon. Joseph C. Ternus - Page 2 (v-582)
The land involved in your inquiry will be iden-
tified by the names of the grantors and grantees and the
dates of the respective deeds:
1. The deed from Sinton Town Company to M. ?1.
Childers, County Judge,.dated June 12, 1916, is a grant
for school purposes only. This is the tract referred to
in the second paragraph of this letter. Article 2683,
v. c. s., provides that "the title to school property be-
longing to the county, the title to which has heretofore
been vested in the county judge and his successors in of-
fice or,any school property that may be acquired, shall
vest in the'county school trustees." The Commissioners'
Court is not authorized to execute oil leases on the land
conveyed by that ,deed.
The deeds from P. L. Johnson dated March
5, 1931; L?'F. Garrett dated March 13 1931. and J. E.
Davis, dated May 25, 1431, to San Patricia C&&y, are
general warranty deeds which vest the title to the land
described in them in Sdn Patricia County in fee simple.
3. ,The deed from J. J,.Welder, et al, dated
April 18, 1922, is a general warranty deed, which vests
the title to the land described in It in fee simple in
Road District No. 5 of San Patricia County, except Lot 5
in Block 20 in the town of Sinton, which is not conveyed
by the deed.' !ie assume that the land was acquired for
county road district purposes.
The lands referred to in paragraphs 2 and 3,
above, are subject to lease for oil development by the
Commissioners' Court of San Patricia County in accordance
with Article 5400a, V.'C. S. Also, in connection with No.
3, we 'specificallycall your attention to the fact that
the Commissioners' Court has authority to execute con-
tracts for and on behalf of a road district within the
county. Art. 752U, V. C. S.; Austin Bros. Bridge Co. v.
Road Dist. No. 3,~247 S. W. 674 (error refused).
SUMMARY
Commissioners' Courts are authorized to
execute mineral leases on county owned land and
land owned by a road district in accordance
with the provisions of Article $OOa, V. C. S.
‘4
Hon. Joseph C. Ternus - Page 3 (V-582) 581
:.
Such Courts are not authorized to enter into
agreements to pool such land with other land
and are not authorized to execute mineral
leases on land conveyed to the County Judge
for.school purpos~es.
Yours very truly,
ATTORNEY GENERAL OF TEXAS
BY
WTW:wb
Encl. Assistant
-APPROVED:
Untitled Texas Attorney General Opinion
Combined Opinion