Who Repairs Private Roads Texas
May a county perform maintenance work on private property?
Mostly, a county may not repair or maintain a individual route or property, subject to a few exceptions:
Counties with a population under vii,500
Tex. Const. Article Three, section 52f authorizes counties with a population of 7,500 or less to construct or repair private roads if the canton charges a reasonable corporeality for the work. Revenue received from private road work may be used simply for the construction, including correct-of-fashion acquisition, or maintenance of public roads.
Neighborhood Roads
Chapter 253 of the Transportation Lawmaking authorizes a procedure for improving individual subdivision roads "to comply with canton standards for roads" where the condition of the roads impacts the public'due south wellness, rubber or welfare. The commissioners courtroom must brand this conclusion. The public must be notified and a hearing must take identify. Ballots must be mailed to property owners in the subdivision, and if the majority vote in favor of the improvement and cess, the commissioners courtroom shall club the improvements and assess the costs of the improvements confronting the property owners. A private subdivision road improved under Chapter 253 becomes a county road. For a more than in-depth discussion of this topic, run across our Mutual Road and Bridge Questions publication.
Driveways and Culverts
There is limited authority to clear drainage ditches and culverts on private belongings in counties with a population of less than 100,000 that have established a drainage system under §254.008 of the Transportation Code. The individual ditch or culvert must connect with a drainage ditch constructed or maintained by the canton. Before removing blockage in a private ditch, the commissioners court must provide 20 days' notice by certified mail to the record owners of the holding that they are in violation of an order adopted nether Chapter 254 of the Transportation Code. The commissioners court must pay the costs incurred in clearing or removing a blockage.
Source: https://www.county.org/Legal/Legal-Resources/LegalEase-Newsletter/Maintenance-Work-on-Private-Property
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