Texas Attorney General Opinion: O-2108 Page: 2 of 4
4 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
519
Honorable Holvey Williams, Page 2
aforesaid instrument without it having been
approved and authorized by the Comis sioners'
Court of MoLennan County, Texas?"
Under Article 974a, Vernon's Civil Statutes, it
is provided, substantially, that plates or replats of sub-
divisions outside of, but within five miles of, the corporate
limits of a city containing 25,000 or more inhabitants aso-
cording to the last Federal Census, or of a amaller oity or
town which has, by majority vote of its qualified voters,
adopted the provisions of this Article, mast be approved.,
and bear an endorsement to that effect, by the City Planning
Commission, or, if no Planning Commission exists, by the
governing body of suoh city or town, in addition to being
aoknowledged as provided therein, before such plat may be
lawfully filed or recorded by the County Clerk of the County
within which such subdivision lies. See Hollis v. Parkland
Corporation (Commrn. App., Sec. A, 1931), 40 S. \,. (2d) 55.
Article 974a, together with Penal Code Article 427b,
making it a misdemeanor for the County Clerk to accept for
registration a plat which does not meet these requirements,
were enacted by the 40th Legislature as Chapter 231, nots 1927,
Page 342.
Subsequently, the 42nd Legislature amended Article
6686, which had previously read as follows;
"The following instruments of writing which
shall have been acknowledged or proved according
to law, are authorized to be recorded, viz: all
deeds, mortgages, conveyances, deeds of trust,
bonds for title, covenants, defeasanoes or other
instruments of writing concerning any lands or
tenements, or goods or chattels, or movable prop-
erty of any description,'
by adding the following:
"provided, however, that in eases of subdivision
or re-subdivision of real property no map or plat
of any such subdivision shall be filed or recorded
unless and until the sase has been authorized by
the Com~issioners' Court of the County in whi chthe real estate is situated by order duly entered
in the ainutes of said Court, except in case of
partition or other subdivision through a Court of
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: O-2108, text, April 1, 1940; (https://texashistory.unt.edu/ark:/67531/metapth259311/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.