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<br />~ 253.001
<br />
<br />MUNICIPALITIES-PROPERTY
<br />Title 8
<br />
<br />. I
<br />
<br />Prior Law:
<br />Acts 1913, 33rd Leg., p. 326, 9 I.
<br />Rev.Civ.St.l91I, arts. 854a, 854b, 854c.
<br />
<br />Historical Note
<br />
<br />Acts 1947, 50th Leg., p. 151, ch. 88, 9 I.
<br />Acts 1979, 66th Leg., p. 477, ch. 218, 92.
<br />Vernon's Ann.Civ.St. arts. 1017, 1019, 1020,
<br />
<br />Library References
<br />
<br />Tex.Prac., Municipal Law & Practice, Chs. 22
<br />and 28.
<br />
<br />Notes of Decisions
<br />
<br />3. Conveyance to governmental units
<br />
<br />City had authority to convey part of public
<br />park lands, which had been previously con-
<br />veyed to city by deeds whose dedicatory provi...
<br />sion required that land be used for park pur-.;r
<br />poses only, to State Highway Commission fo~,;i;
<br />highway right-of-way. City of San Antonio V.l'\!~,
<br />Congregation of Sisters of Charity of Incarnate':;'.'
<br />Word (Civ.App.1962) 360 S.W.2d 580, ref. n.r.e.J;'t
<br />.'1'
<br />
<br />The City of Beaumont has the authority I~\\'
<br />donate and convey park land to the Depart.:;}:,
<br />ment of Mental Health and Mental Retardation "}!
<br />for use in building a hospital, without the ne:{;:~,
<br />cessity of holding an election, but public hear~~~')
<br />~~gs are .required of both gov~rnment~1 author-j'.f
<br />Illes as indicated by Vernon s Ann.Clv.St. art:.!~.
<br />5421q (repealed; see, now, V.T.C.A. Parks &:!~
<br />Wildlife Code, 9 26.001 et seq.). Op.Atty.Gett.\~,.
<br />1973, No. H-I08. ,t.1.;.~
<br />Where public highway over railroad was cre-
<br />ated both by prescription and dedication, bur- If the City of Midland and Midland Coun.yfr
<br />den rested on city and railroad, in action by reach agreement respecting the paramountii~
<br />property owners to restrain closing of crossing, public use of a city street right.of-way needed~
<br />to show that people of city had voted to close for courthouse expansion, and if exchange It.;
<br />street, or under provisions of Vernon's Ann. made for adequate consideration or to accom.;~
<br />Civ.St. art. 1020 (repealed; now, this section) plish a proper public purpose, transfer of the\,
<br />had conferred power on city council or other property to county without an election would);
<br />form of city government; no presumption probably be upheld by the courts. Op.Attj;-:
<br />arose that city or railroad had such authority. Gen.1978, No. H-1256. !t~!
<br />.\.
<br />630 .J:..
<br />. ~:~:~
<br />
<br />Conveyance to governmental units 3
<br />Sale of park land 1
<br />Streets 2
<br />
<br />I. Sale of park land
<br />
<br />If a city has authority to sell its parks, the
<br />sellers of land to the city for park purposes
<br />have no vested right in the maintenance of a
<br />park on the land. City of Beaumont v. Mat-
<br />thew Cartwright Land & Improvement Co.
<br />(Civ.App.1920) 224 S.W. 589.
<br />
<br />Suit by nonprofit corporation and others at-
<br />tacking agreement between city and school
<br />board for school board's acquisition of land on
<br />ground that it was void since sale was not
<br />authorized by voters and attacking subsequent
<br />eminent domain proceeding by which school
<br />district acquired portion of city park land for
<br />school purposes was an impermissible collat-
<br />eral attack on an unappealed-from judgment in
<br />eminent domain proceeding. Austin Indepen-
<br />dent School Dist. v. Sierra Club (Sup.1973) 495
<br />S.W.2d 878.
<br />
<br />The City of Rusk was empowered to sell
<br />timber on land dedicated for park and/or
<br />recreational use, and since a sale of perpetual
<br />timber rights was a sale of an interest in real
<br />property, the city had to comply with the re-
<br />quirements of Vernon's Ann.Civ.St. arts. 1017,
<br />1019, (repealed; now, this section), art. 5421q
<br />(repealed; see, now, 9 272.001) and art,
<br />5421c-12 (repealed; see, now, V.T.C.A. Parks &
<br />Wildlife Code, 9 26.001 et seq.). Op.Atty.Gen.
<br />1982, No. MW-471.
<br />
<br />2. Streets
<br />
<br />City 'of Dublin v. Barrett (Civ.App.1922) 242
<br />S.W. 535.
<br />
<br />Where city council found that it would be
<br />for the best interests of citizens of city to
<br />exchange a portion of street for another strip
<br />of land owned by decedent and needed by city
<br />for right of way purposes in rerouting highway
<br />through the city, city had authority under Ver-
<br />non's Ann.Civ.St. arts. 1016, 1017, (repealed;
<br />now, this section) 1085b and 1086, to enact
<br />ordinance vacating and abandoning a portion
<br />of that street, and to convey by deed that
<br />portion of the street to decedent as owner of
<br />the only property abutting that part of street
<br />vacated and abandoned, in exchange for prop.
<br />erty of decedent needed for high\vay right of
<br />way. Roark v. Rogers (Civ.App.1958) 316 S.W,'
<br />2d 325,
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