Untitled Texas Attorney General Opinion

THEATTORNEY GENERAL
OF TEXAS

AUST~NSI,TEXAS

January 25, 1966

D. C. Qreer Opinion No'. c-588
State Highway Engineer
Texas Highway Department
Austin, Texas m: Whether The Texas lilghway
Departmenthas authority to
spend highway funds to pay
city street paving assessment
on ~adjacentHighway Department
Dear Mr. Qreer: owned borrow pit.
Your request for an opinion reads:
"Can the State Highway Department spend
highway funds to pay assessmentsto lm-
prove city streets adjacent to land owned
by the Highway Department for use as
material source in the constructionand
'malntenandeof highways?"
Conferencewith your office and examinationof your file
on this subject reveals the following: In July, 1950,
you obtained a deed to land 'InHouston, Harris County,
Texas. A portion of that land was a borrow pit used by
you as a source of material for constructionand maln-
tenance of highways, and is now being utilized as a dump-
ing ground. It will be filled in the near future and
declared surplus. After notice and hearing, the City of
Houston in November, 1964, assessed all abutting property
owners along a portion of Jensen Drive. Your curb and
gutter assessmentwas $6.95 per front foot on approxi-
mately 600 feet. The improvementsdo enhance the value
of your property and you expect to sell the tract at a
profit.
We are of the opinion that payment of this assess-
ment falls within the authority spelled out in Opinion
w-585, issued to you April 2, 1959. You have authority
to make payment from the appropriationmade to the State
Highway Department in Section No. 20, of the present
biennium appropriation. The smount of payment Is limited
to the assessment, provided thenassss.smentIs not in ex-
cess of the enhancement. City of Houston v. Roy Blackbird,
et al, Tex.Sup.Ct. 1965, 3v4 S.W.2 139. We are aware of

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Hon. D. C. Greer, page 2, (C-588)

Opinions WW-292 and w-336, cited by the comptroller,but
do not consider either controllingin this fact situation.
SUNMARY
The State Highway Departmenthas authority
to spend highway funds to pay assessments
to improve city streets adjacent to land
owned by the Highway Department for use as
material source in the constructionand
maintenance of Highways, provided the
amount of payment Is limited to the assess-
ment and isnotln excess of the enhance-
ment.
Yours very truly,
WAGGONER CARR
Attorney General of Texas

BY A= w@-%.-
Vlnce Taylod.
Assistant Attorney General
VT/VIE0

APPROVED:
OPINION COMMITTKR
W. V. Geppert, Chairman
.RaroldKennedy
Linward Shivers
Malcolm Quick
John Reeves
APPROVED FOR TRE ATTORNEY GKNERAL
By: T. B. Wright

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