Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS ioat'ion wherein prla$i and expend, Such above holding makes It olear that the oolleotion and dispos&ion or garbagb i8 in furtheranos ot pub110 health aad 8atLitstiOB. I
'XIJ Olew or the ioragoing, we am3 no reason why a oounty mold not b& authorized to purobase any necessary In land ititerest *ithin such ooullty tor the publi0 purpose 0r dispoeing 0r garbage ~ oolleoted rrom. the inhabitaims of said oounty.
We now shall prooeed on the question of auoh Oountiea
right to uoadamh land for suuh pMpOSe8.
- Artisle 626$a, Vernon'8 Annotated Civil Statutes, pro- yides, IIJ part,~that the right ot Eminent DOnrain I8 oonferred Won wuntiep for the purpose of oondeianiug and aoqulria6 laud, risht- Of-way ox ea~ssmaut in laud, private or publio, exoept property used for asraetary purposes, where said land, rlght-uf-way or easemsnt is asoeesary fin the oonstruotlon OS jells, oourthousee, hospitals, dellnquetit and dspandent sohools, poor farms, libraries or for other
ublio ~urposei~. where suoh ~umose is now or may hereafter be au- &orised by the Constitution or statutes of this State,
In oonstruing tha undsrsoored prutluions of tin next
above r&erred to Artlola, it was held in ths aase of Nallop et al Y. @alYMtOB OoPntr 48 8.~H. (2d~l63,. (kit that "if refpaed) the purpose tor which the land is Bought tu be aondeamed has been deolared a publie purpose by a statute, then Artials S264a exptessly give8 th0 OOtUlty the right to aoquire by oondemaation the land ueues- sary for ouoh purposetm
U artiole 441sr. oupra, and Article 4477, Vernon*8
dMotated Civil Statutes, OOI~I~DO~~~ bon aa the "Sanitary Code," both rarer to and provide for the improvement of the sanitary con- ditiohs in all parts of the State and of pub110 health therein, we are OO~txaihed to~ooholuds that *sanitation* has beem dsalared a publis p~pusaby~statuts and, as suoh, inoludes wdisposit~h of t3arba6s.a
-.
Thersiora, it la the opinion of this department that a
oountf would also have the right to aoquire the land for such pur- posses by oondemnation under the provisions of Artiole 3264a, Ver- non's Annotated Civil Statutes, et seq.
,&WeYer, w0 invite to your attention that in regard to your quoation said county ban &Bdemu only auoh easement as is Bsoeseary for the purpose of gPlrbage disposal. This ie provided by the tome of Artiole 3270, Vernon*m Anhotated Civil Statutes, whioh roada,~ih part, as follows:
*Exoept where otherwise expressly provided by law, the right asoured or to be scoured to any oorpora- tion or other plaintiff in thia State, in the manner provided by this law, shall not be so conetrued as to inolude the ice simple estate in lauds, either publio or private * * *?*
ii. .98 mnorable George W. Car, page 9
In support OS the propbsitlon next above dis- oussed, we rerer you to Hillv. City of Bellvilla, SO S. W.
(Zd) 40098 and our Opinion No. 0-3346, add oases therein ofted, a oopy of whiohwe are attaohing hereto.
%IfttfUgWe haYe 8etiafaOtOrfly- snswered your que6-
tion, we are
Your0 very truly ATTORNEY G&NHzrlL OF TEXAS BY Bobart L. Lettfmore, Jr. Aasiatant