Texas Attorney General Opinion: V-74 Page: 2 of 9
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Hon, Ernest 0. Thompson - Page 2, V-74
"RExceptional cases may arise where the
grantor did nct own any interest in the
land covered by the road or street, and
in such cases, of course, the purchaser
of the lot would not by such conveyance
acquire any title in the land covered by
the road or street."
The rule of the Attorney Gener il 's opiczit
of March 24, 1941, assumes importance in the inste .t
case in determining whether the Commission's rule
against subdivisions of May 29, 1934q, pplies The
Comrrmission's spacing rule for the Hawkins Field., aJd
the rule against subdivisions provide-
"No well shell be drilled hereafter for
oil end gas or either of them nearer then
nine hundred thirty-three (933) feet to
any other completed or drilling well on
the same or adjoining tract or farm, and
no well shall be drilled nearer than four
hundred sixty-six (466) feet to any pro-
perty line, lease line or subdivision
line; provided that, subject to the fur-
ther provisions hereof, the Commission,
in order to prevent waste or to prevent
the confiscation of property, will grant
exceptions to permit drilling within
sh orter i dsnces tlhan above prescribed
whenever the C ommiss ion shall- determine
that such exceptions are necessary either
to prevent -aste or to prevent the con-
fiscatlon ol * * *f(Emphs
supplied)
"IT IS ORDERED by the Railroad Commission
of Texas, that in applying Rule 37 (S6 e
ing Rule) of State-wide application sn
in applying every rule with relations: to
spacing in every field in this State, no
subdivision of property mede subsequent
to the adoption of the original spacing
rule wll be considered in determining
whether or not any property is being con-
fisctedT withIrn the terms of such spacing
rule, sand no subdIO[sison of property will
be regarded in applying such spacing rule
or in determinng l the matter of confisc-
tion itf such subdivision took place subse-.... I aummm I e nu mudime irame aiwrr >rm am
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-74, text, March 6, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264893/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.