Case Information

*1 TRE ATTORSE~ GESERAL OF ‘IL‘ESAS

Nay 15, 1987 Opinion No. J&i-699 Bonorable John D. Hughes Hood County Attorney Re: Whether a county clerk is required

Room 6, County Courthouse co notify owners of land Granbury, Texas 76040

in a subdivision of a developer's re- quest to revise a subdivision

Dear Mr. Hughes: provides for the revision by devriopers

Article 6626e. V.T.C.S., of subdivision co the subdivision controls of the county See art. 6626e, §l; cf. and filed for record with the county clerk. Attorney General Opinion JM-365 (1985). Section 3 or article 6626e provides that the county commissioners court shall permit the revision if is shown either the revision will nor. interfere with established rights of any owner of a part of the subdivided land or, if the revision will interfere with such owners' rights, have agreed to the revision. Section 2 of the act provides for of thk proposed by general publication and by specific to the nondeveloper owners of the subdivided land.

You ask two questions about provisions of article 6626e. Your question is whether 2 requires to send notice owners of part of the subdivided or whether clerk may require the developer Your second relates iarge sub- divisions which have been platted in smaller units. You ask whdchsr all nondrveioper in the subdivision must be notified notice may be sent only to those nondeveloper in the unit of the subdivision is subject

Section 2 of article 6626e provides:

(a) After filed with cause of the application to be printed in d news- paper of general

notice must include a statement time and place at which the commissioners court will meet

to consider and to hear protests to the revision of the subdivision plat.

(b) The notice musr be published at least three times within the period beginning on the 30th day axLending on the seventh day before date of the meeting.

(c) If ali or part of the subdivided tract has been sold to nondeveloper owners, shall also be given to each owner, at his address on said tract. by certifieu mail or registered nail, return receipt requested. (Emphasis added).

Resolution of your depends on whether subsection (c) was intented to place a duty on the comissionrrs court nondeveloper

Statutory construction depends on a determination of legislative intent. The language of a statute is the primary guide in determining legislative intent. language and syntax of section 2 indicate legislature intended commissioners court notify of proposed subdivision revisions. Sub- and section (a) of section 2 refers expressly requires “the court” to cause notice to be printed.111 newspaper of general (c) scaces that “notice also be given to each owner. . . .” Although subsection (c) does not refer expressly to the commissioners the use of the word “also” indicates that subsection (c) imposes an additional responsibility on the county coolmissioners court.

You also ask whether all nondeveloper owners in the subdivision must be notified the county may limit to non- the unit the subdivision chat developer in If one subdivision could be divided into smaller unirs for purposes of determining which landowners to notify, Sub- a core purpose requirements would be violated. 2 states that “[ilf all or part of the sub- divided tract hds been sold owners, notice shall also (Emphasis added). This subsection be given to each owner. . . .” refers to “each” nondeveloper owner of land in the “subdivided tract;” it does not limit notice to owners in some smaller “affected portion” Nor does limit notice to owners ,in cbe “aub- of the subdivision. division plac.” Even if one subdivision is platred in various units, it remains one subdivision. Consequently, legislature must have intended notify all in of proposed revisions in the subdivision plat, in any smaller unit plat of the subdivision.

SUMMARY 2 of article 66260,

V.T.C.S., places the duty on the county commir-

sioners all nondeveloper all or part of a subdivided of a proposed in auy smalier unit plat the rub-

division, filed for record with the county clerk.

-JIM MAT-T 0 X Attorney General of Texas JACK HIGHTOWRR

First Assistant Attorney General

MARY KELLER

Executive Assistant Attorney General

JUDGE ZOLLIE STRARLEY

Special Assistant Attorney General

RICK GILPIN

Chairman, Opinion Committee

Prepared by Jennifer Riggs

Assistant Attorney General