Texas Attorney General Opinion: WW-1017 Page: 1 of 2
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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ThE ATTORNEY GENERAL
OF " TEXAS
AUsrxN 11, TEXAs
WILL WILSON
March 14, 1961
Honorable 0. F. Steger Opinion No. WW-1017
County Attorney
Colorado County Re: Whether property already
Columbus, Texas appropriated to one public
use can be taken under
eminent domain laws for
another public use in the
absence of a showing that
the purpose of the taking
can be accomplished in no
Dear Mr. Steger: other practical manner.
You state in your opinion request that Colorado County
is contemplating the condemnation of a lengthwise portion
of railroad spur right of way located in an unpopulated area
of the county for the purpose of building a county road. As
we understand the facts the county seeks to acquire that por-
tion of railroad right of way from the intersection of the
tracks and Farm-to-Market Road No. 950 in a southerly direc-
tion for almost a distance of one-half mile.
Prior to the consideration of condemnation the county
offered to purchase the needed right of way from the railway
company, which is not presently in use by the railroad. Sub-
sequently, the company declined to sell stating that such
segment of the railroad would be needed in the future.
In your opinion request your conclusion is that the right
of way ". . . has not been abandoned . . ." and you have ask-
ed the following question:
"Can property already appropriated to one
public use be taken under applicable laws of
eminent domain for another public use in the
absence of a showing that the purpose of the
taking can be accomplished in no other practi-
cal manner?"
It is stated in Snellen v, Brazoria County, 224 S.W.2d
305 (Civ. App., 1949, error ref. n.r.e.) that:
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1017, text, March 14, 1961; (https://texashistory.unt.edu/ark:/67531/metapth267629/m1/1/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.