Untitled Texas Attorney General Opinion ( 1985 )

The Attomy General of Texas
June 11, 1985
JIM MATTOX
Attorney General
suprems Ccucl MIdIn Eonorabla William L. yerguaon Opinion lo. m-332
P.0. Box 12540 County 6 District Attorney
Austin. TX. 79711.2545 Rusk County Courthouse Rc: Circumstances under which a
512/47,2591 Benderson. Texas 75652 county my dispose of abandoned
Telex 01011M4-l357
TelecQQler51214754m35
rights-of-way
Dear Hr. Perguaon:
714 Jackam, sun0 790
oanu. TX. 752024505
You Inform ‘3s that in Rusk County several roads have been
214n42.9944
abandoned by actico of the cmlssionera court. The county clerk does
not have any records as to hou the rights-of-way for these roads were
4024Albna K+c..Suite 180 acquired or est&lished by the county, but these roads were
El Pmo, lx. 789052792 established many gears ago. In that regard you ask:
915icG34m
Euv can the commissioners court of a count?
lcol Texas. sune 700 dispose of abandoned rights;ofray when there is
nwrtm. TX. 77002~3111 90 recotij shoving the method of acquisition of
71Y22%5855 such ri@ts-of-way?
A county comadssioners court has only the pavers conferred either
SW Broadway.SuNe 312
expressly or by at:cessary implication by the constitutfon and statutes
Lubbock,TX. 79401-3479
mY747.5239 of this state. SW Tex. Const.
--. art. V, 118; Canales v. Laughlin, 214
S.W.2d 451, 453 ‘[Tex. 1948). ThUS, the cormnissioners court can
dispose of abanilctned right-of-way property only where there Is
4399 H. Tenth. Sulle S
statutory or cons!:itutional authorization to do so. Id.
-
McAllen, TX 79501-1885
512sS24547
Article 1577, V.T.C.S., prwides a statutory procedure
authorizing a county commlssionera court to dispose of real estate.
200 MaIn Pbza, Suile 400 County roads and l:j.ghts-ofliay are iuterests in land. See Anderson v.
!jan Antonio, TX. 702052797
Tall Timbers Cock, 378 S.W.2d 16 (Tex. 1964). The statute
512i225-4181
soecif%callv authorizes a commissioners court to dispose of abandoned
“highway right-of -‘ray property.” V.T.C.S. art. 15j7. It has been
All EqualOPpcrtunilYl held that a conve!frmee or disposition of land owned by the county made
Alflrmallve Action EmPlOYer in any mode other ,than prescribed by article 1577. V.T.C.S., is void.
See Wilson v. Colzizof Calhoun, 489 S.W.2d 393 (Tex. Civ. App. -
Corpus Christi 1972. writ ref’d n.r.e.). Moreover, a cosmisaioners
court has not been given the authority to douate any county-owned
property to private indivjduals or corporations. See Conley v.
Daughtera of the :%I!ublic. 156 S.U. 197 (Tex. 1913); Attorney General
Oplnioa M-62 (1979 .
-+-X100. owners of lands surrounding a road or
right-of-way cannot claim title to them by adverse possession unless
the road has been abandoned in compliance with section 2.008 of
p. 1518
Eonorable Uilliu L. Terguaao - Page 2 (JX-332)
article 6702-l. V.T.C.8. Cf. V.T.C.8. art. 5517; Attorney General
Opinion B-111 (1973) (di&;~ing predecessor statute V.T.C.S. art.
6703a). .
You indicated that thlcre are no records shoving the method of
acquisition of the nou abandoned right-of-way property. The schama
outlined in article 157i. V.T.C.S., makes provlslons for the
disposition of right-of-va:r property even if there are no official
records of how the property was acquired. The prerequisite for the
application of article 1577, V.T.C.S., is that the property is owned
by the county at the time of its disposition. Accordingly, the
cqxmissioners court may dispose of the abandoned roads or
rights-of-way only in the method outlined in article 1577, V.T.C.S.
SUMMARY
Once a county bomanissioners court has abandoned
a road or right-of-way in compliance with article
6702-l. section :!.008, V.T.C.S., the court is
authorized to ili.spose of the roads only in
compliance with article 1577, V.T.C.S., regardless
of the method of acquisition.
JIM IIATTOX
Attorney General of Texas
TOMGREEN
First Assistant Attorney Goneral
DAVID R. RICEAFDS
Executive Assistant Attormy General
ROBERTGRAY
Special Assistant Attorney General
RICR GILPIR
Chairman, Opinion Committe~c
Prepared by Tony Guillory
Assistant Attorney General
p. 1519
-* . jt
FZ-
. -
&morable William L. Perguam - Page 3 W-332) :,
APPROVRD:
OPINIONCCMITPBE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jeunifer Riggs
Nancy Sutton
Sarah Woelk
p. 1520