Case Information

*1 . .

THE.ATI?ORNEYGESERL%L OF~EXAS

Acsmn-. TEXAS

April 24, 1948 Hon. L. E. Klq Opinion Ao. v-553

County Attorney

Sablne County Re: Authority of Commis- Hemphill, Texas sioners’ Court to at-

tach land to a Stock Law District vhich is not adjacent thereto.

Dear Mr. King:

Your lrequest for an opinion Is substantially as follovst

“Can the Commlsslon8rs’ Cou.Pt of the County, upon the petition of 13

freeholders, none of whose land adjoins ‘.

the Stock Law District that vas creat-

ed by the Municipality, order the terrl-

tory attached to the Municipality, where

there 1s~ a tract of land betveen the

bnlclpallty and the 13 petitioners vhose

ovner has not petitioned to become a part

of the Stock Law ~Dlstrlct?

“I have advised the Commissioners’ Court that they could not join the~Munl-

cipallty (which has a Stock hv District)

and run their lines through the tract that adjoined the Municipality (but vaa between

the Munlclpalltg and the petitioners) ulth- out the consentnof the ~ovner of the tract so Intervening.

Article 69311 V. C. S., 1s as follows: “UheneveP there is territory,betveen two (2) subdlvlslons of a county~ vhlch

have adopted a stock lav, or vhen there

Is territory adjoining a subdivision vhlch has adopted a stock lav, in a county, or

in an adjoining county, and In uch terri- tory there are less than fifty 7 50) free-

holders, an election shall be ordered on

’ . . . - Eon. L. B. gin&, page 2 (v-553)

a petition of a majorIt of the freeholder8 residing in such temltory by the Commfs-

sioners Court of the County in which the

territory lies, and the election shall be

held as provided by lav in Other cases re- lating to the adoption of the at ck law. free-

If there be less than twenty (20 P

holders In such intervening or adjoining

territory, then on petition of a majority of the ovners of the land to said Commls-

sloners Court, the said Commissioners Court shall Issue an order extending the stock

law to said territory and the same shall

be included in the territory of such ad-

jOi.I%lllg subdlvlslon; in cases where there

Bse no freeholder8 DD such iut8rV8XliIlg or

adjoining territory, then on the petition

of the ovner or ovners of the land to said cosmissioners court, the said Court shall

issue an order extending the stock lav to

said territory, and the same shall b8 ln-

eluded In the territory of such adjolnlng

subdlvislon; and any 'person or persons who ovn lands adjoining any other lands vhich

have been added to territory in vhlch a

stock law prevails, shall have the same

right, and on petition of the owner or

ovners of such lands to the said Court,

the said Court shall issue an order ex-

tending the stock law to said territory,

and the same shall be Included in the

territory of such adjoining subdlvlsion."

Your factual situation reflects that the land of the petitioners does not adjoin then Stock Lav Dis- trlct but that~there Is a tracts of land Intervening be- tveen the Stock Lav District and that of the petltlon- era.

The construction placed upon Article 69 1, In the case of Tubbe v. Sample, 62 S.W. 7 26) v. c. s., 362 (Clv. App. error diss&ssed, 1933) is to the effect that any defined territory vhich adjoins a Stock Lav ~lt~~~rsp be added to such district upon petition of

In requiring the attached lands .to.~.be ad- jacent to ihe district or subdlvislon to which they are added for stock lav purposes, It vas the evident intent of the Legislature to prevent the attaching of segrega- ted tracts or territory not actually CoMected with the *3 .* -

,. -

Hon. L. B. King, page 3 (V-553)

stock lav district, thus insuring that suCh district shall at all times be a single, veil defined subdlvlslon.

It will b8 readily seen that the tract of land referred to in yOUI' request does UOt Come Vithin the meaning of Article 6931 and, therefore, it 18 the opin- ion of this department that the ~ommlssion8rs1 Court my not join land to a Stock Lav District 'which is not adja- cent but has an lntervening'tract of land b8tW88n the dls- trlct and the territorg to be jo%ned.

SUMNARY A Comlssloners~ Court'mag not attach land to a Stock Law District where such

land is not ad-jac8nt but has an lnterven-

lug tract of land b8tW88n the Stock LaW

District and the terrltorg to be attaCE8d;

Yours very trulg, ATTORNEY GRNEXALyOF TEXAS B9Z-JJ

BW:lIlW Burnell Ualdrep Assistant

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