No. V-0001 (1947).

Case DateJanuary 18, 1947
CourtTexas
Texas Attorney General Opinions 1947. No. V-0001 (1947). 1January 18, 1947Hon. Reed McDonaldChief ClerkTexas Agricultural Experiment StationA & M College of TexasCollege Station, TexasOpinion No. V-01Re: Use of proceeds from sale of land and property of an abandoned sub-experiment station to construct buildings and other improvements in connection with the establishment of a new sub-experiment station on donated land.Dear Sir:We have carefully considered the question propounded in your letter to this department, dated December 17, 1946. That question, copied verbatim from your letter, is as follows:
"If the land for the establishment of a new sub-experiment station is donated to the A & M College, can the proceeds from the sale of land and property that was abandoned be used to construct buildings and other improvements in connection with the establishment of the new station?"
It is the opinion of this department that the answer to this question should be resolved in the affirmative with certain qualifications which are herein set out. Our opinion is based on Articles 139, 140, and 143, Vernon's Annotated Texas Civil Statutes, Revision of 1925, Section 6 of Article 8 of the Constitution of Texas; and Subsection 3 of the General Provisions of Chapter 377 of Texas Session Laws, 1945, enacted by the Forty-ninth Legislature in Regular Session.2Article 139, Powers of Board, provides as follows:
"The Board shall have power:
"1. To establish sub-experiment stations at such places in this State as it shall deem proper in addition to those now in operation.
"2. To abandon or discontinue any substation which may become undesirable for experiment purposes; and if deemed necessary to establish others in their stead at such places in the same county as it shall deem advisable.
"3. To sell any land or other State property used in the operation of an experiment station when so abandoned, and to apply the proceeds of such sale in the purchase of other land and property for the establishment of experiment stations."
The first object and purpose of Paragraph 3 of Article 139 is clear. The Board of Directors of A. & M. College is given the power to sell any land and other property of an experiment station which has been duly abandoned. It seems definite that this power of sale includes the right to sell the land, buildings and...

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