KP-0240 is about whether a pulic road with a gate on on it, can the county open the gate, effectively treating the road as a county road.
What did the Attorney General Opinion say about what the county can or cannot do with the gate on the public road? Until the road is a county road, or the county is party ot a court order, the county cnanot open the gate
What do I need to know about public roads and county roads from a regulatory/legislative approach?
- Texas statutes use “county road” and “public road” to mean the same thing, but they don’t. Helpful, right?
- TX Supreme Court says a county can convert a road to a county road in 3 ways:
- long use
- approval by the commissioners court
- assent by the land owner
- KP-0075 says all county roads are public roads but not all public roads are county roads because it requires county commissioner court approval
- Small counties, under 50,000m can acquire private road “only by purchase, condemnation, express dedication, or a court’s final judgment of adverse possession in favor of the county.”
What does this mean? look for a code re-write.