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Honorable G. F. Steger, Page 2 (WW-1017)
". . as a general rule, property appro- priated to the public purpose cannot be taken for another public use without express or im- plied legislative authority when such taking results in practical destruction of the prior use unless the subsequent taking is for a public purpose of greater or paramount import- ance which cannot be accomplished in any other practical way." (Emphasis added) This rule was originally stated in Sabine & E. T. Ry. Co. v. Gulf & I. Ry. Co. of Texas, 92 Tex. 162, 45 S.W3. 784 (1i89). There is no applicable statute conferring the specific authority needed by the county to condemn the desired portion of railroad right of way. In the absence of such authority, to sustain a subsequent taking under a general power, there must be a showing of paramount importance or purpose and that the power can be exercised in no other practical way. We accordingly answer your question in the negative. SUMMARY In absence of legislative authority, property appropriated to a public purpose cannot be taken for another public use when such taking will destroy or materially impair the prior use unless the subsequent taking is for a paramount public importance which cannot be accomplished in any other practical way. Yours very truly, WILL WILSON Attorney General of Texas ByA tN4kytQ William H. Po , Jr WHPJr:mm Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Edward A. Cazares John C. Phillips John Leonarz Dudley McCalla REVEIWED FOR THE ATTORNEY GENERAL BY: Morgan Nesbitt