The Laws of Texas, 1934-1935 [Volume 29] Page: 96 of 2,086
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86 GENERAL AND SPECIAL LAWS.
FIXING LIMITATION PERIOD FOR BRINGING SUITS ON
ACCOUNT OF CLOSING AND ABANDONMENT OF
PUBLIC STREETS, ROADS OR THOROUGHFARES.
H. B. No. 158.] CHAPTER 34.
An Act fixing a limitation period of two (2) years for the bringing of suits
of any kind on account of the closing and abandonment of public streets
or alleys or public roads or thoroughfares, or any parts thereof, other
than State Highways, by ordinance of the governing body of a city or
town or by order of the Commissioners Court of a county; requiring
causes of action accruing before the effective date of this Act, and not
then already barred by exisiting limitation laws, to be sued upon within
two (2) years after such effective date, and not thereafter, and causes
of action accruing on or after the effective date of this Act, to be sued
upon within two (2) years after the passage of the ordinance or order in
question, and not thereafter; giving limitation title to parties in possession
of land in question upon failure to sue within the time fixed by
this Act; barring right of cities, towns and counties to revoke or rescind
such closing and abandonment in the situation last above mentioned;
repealing all laws and parts of laws in conflict with this Act, and declaring
Be it enacted by the Legislature of the State of Texas:
SECTION 1. In all cases where the governing body of any
incorporated city or town has heretofore passed, or shall hereafter
pass, an ordinance closing and abandoning, or attempting
to close and abandon, any public street or alley, or any part
thereof, other than a State Highway, within such city or town,
and in all cases where the Commissioners Court of any county
has heretofore passed, or shall hereafter pass, an order closing
and abandoning, or attempting to close and abandon, any public
road or thoroughfare, or any part thereof, other than a State
Highway, within such county, any person, firm, private corporation
or public corporation having a cause of action (not
already barred by existing limitation laws of this State at the
time this Act takes effect) for the recovery of any kind of relief
in the matter, whether damages or reopening or both, may
bring suit upon such cause of action within the following time,
to wit: (1) within two (2) years after the effective date of
this Act in cases where the cause of action has accrued or shall
accrue before such effective date and not thereafter; (2) within
two (2) years after the passage of the ordinance or order for
closing and abandonment, and not thereafter, in cases where
the cause of action shall accrue on or after the effective date
of this Act.
SEC. 2. In all cases where suit is not brought within the
time fixed by Section 1 hereof, the person, firm or corporation
(public or private) having possession of the land in question
shall thereupon become vested with a complete limitation title
to same; and not only shall the causes of action mentioned in
said Section 1 hereof be barred, but also the right of the city,
town or county to revoke or rescind the ordinance or order
hereinbefore referred to shall be barred.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17292/m1/96/: accessed October 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .