Texas Attorney General Opinion: O-7388 Page: 1 of 5
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
ATTORNEY GENERAL
Honorable Alton C, Arnold
Comty Attorney
Brzoria County
Angleton, Texas
Dear Sir: Opinion No. 907)88
Ret Interpretation of Artiole 3264a,
RO.C.s relative to right of
eminent domain and th power of
a county of the 3 tto oondemn
land for pub po a.
From an examination of your op request it is be-
lieved the following states your qu ion.
Does Article 3264a, V Ci. we Brazori C ty,
Texas, the right of am nt aa r the pu f
condemning and sequiri ri t of ra or easement in
land, private or public, xlo /n sed for cometer-
iss, where said righ o wa , or easement is neces-
sary to the oo ru on of a s rage disposal dump,
this condemgatio 0o ending i a county project?
Before we can a your tn tion categorically, two
facts aust bee do ad b o C saionears Court, viz;
(1 Vh r the lld of the sewerage disposal
dump or a corporate town is "oounty basi-
(2) lh ther the tawerage disposal dump in question
a be used for a publico purpose"?
bto facts required oy 1 and 2 can be found to exist,
under th hol in Malloy v. Galveton County, 42 SaW. (2) 163
consider* ong with Article 2352, Y.A.C.S., it it our opinion
that the question bhold be answen4 in th affirmative.
Article m6t6a, V.A.C.S., is quoted in full as follows:
"The right of Eminent Domain is hereby conferred
upon oountien of the State of Texas for the purpose of
condemning and acquiring land, right of way or easement
in land, private or publio, except property used for
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-7388, text, September 14, 1946; (https://texashistory.unt.edu/ark:/67531/metapth264665/m1/1/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.