Case Information

*1 The Attomy General of Texas June 11, 1985

JIM MATTOX

Attorney Eonorabla William L. yerguaon Opinion lo. m-332

suprems Ccucl MIdIn P. 0. Box 12540 County 6 District Attorney Rc: Circumstances under which a Austin. TX. 79711. 2545 Rusk County Courthouse 512/47,2591 Benderson. Texas 75652 county my dispose of Telex 01011M4-l357 TelecQQler 51214754m35

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 acquired est&lished county, but these roads were 4024 Albna K+c.. Suite 180 El Pmo, lx. 789052792 established many gears ago. In that regard you ask: 915icG34m

Euv can the commissioners court of a count? dispose of abandoned rights;ofray when there is lcol Texas. sune 700 90 recotij the method of acquisition nwrtm. TX. 77002~3111 such ri@ts-of-way? 71Y22%5855

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 this state. SW Tex. Const. art. V, 118; Canales v. Laughlin, 214 --. mY747.5239 S.W.2d 451, 453 ‘[Tex. 1948). cormnissioners court can ThUS, dispose 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 prwides a statutory procedure

authorizing a county commlssionera court to 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 512i225-4181 soecif%callv authorizes a commissioners court to dispose of abandoned

“highway right-of -‘ray property.” 15j7. It has been a conve!frmee or disposition All Equal OPpcrtunilYl held of land owned by the county made in any mode other ,than prescribed by article 1577. V.T.C.S., is void. Alflrmallve Action EmPlOYer See Wilson v. Colzizof Calhoun, 489 S.W.2d 393 (Tex. Civ. App. - 1972. writ ref’d n.r.e.). Corpus Christi Moreover, a cosmisaioners

court has not been given the authority to douate any county-owned 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 . owners of lands surrounding a road or -+-X100. cannot claim title to them by adverse possession unless road has been abandoned in compliance with section 2.008 *2 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 6703a).

You indicated that thlcre are no records the method of acquisition nou abandoned property. The schama outlined in article 157i. V.T.C.S., makes provlslons the for disposition of right-of-va:r 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 the property is owned time the county at its disposition. Accordingly, the the cqxmissioners court may roads 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. :!.008, V.T.C.S., section the court is authorized to ili.spose roads only in compliance with article regardless of the method of acquisition.

JIM IIATTOX

Attorney General of Texas TOM GREEN

First Assistant Attorney Goneral

DAVID R. RICEAFDS

Executive Assistant Attormy General

ROBERT GRAY

Special Assistant Attorney

RICR GILPIR

Chairman, Opinion Committe~c

Prepared by Tony Guillory

Assistant Attorney General *3 -* . jt FZ- :,

&morable William L. Perguam - Page 3 W-332) APPROVRD:

OPINION CCMITPBE

Rick Gilpin, Chairman

Colin Carl

Susan Garrison

Tony Guillory

Jim Moellinger

Jeunifer Riggs

Nancy Sutton

Sarah Woelk