General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature Page: 31
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68th LEGIS-2nd CALLED SESSION
"(2) one landowner in the precinct if the request is for a change in a road.
"(b) The petition must specify the beginning and termination points of a proposed new road
or a road to be discontinued.
"(c) Before the commissioners court may grant an order based on an application described by
Subsection (a) of this section, the applicants must first give notice of their intent to apply by a
written advertisement of their intent posted on the courthouse door and at two other places in
the vicinity of the route affected for at least 20 days. (V.A.C.S. Art. 6705.)
"Section 2.004. LAYING OUT NEW ROADS BY JURY OF VIEW. (a) New roads
ordered by the commissioners court must be laid out by a jury of view, appointed by the court
and consisting of five landowners. The court may order the cooperation of the county
surveyor. The jury of view shall lay out, survey, and describe the road to the greatest advantage
of the public and make a written report containing the field notes, survey or description of the
road, and the jury's proceedings to the next term of the court.
"(b) When juries of view are appointed, the clerk of the court shall make out and deliver to
the sheriff duplicate copies of the appointing order not later than the 10th day after the day the
appointment was made, endorsing on those copies the date of the order. The sheriff shall serve
the order on each juror in person or by leaving one of the copies at the appointee's usual place of
abode. The sheriff shall make the service not later than the 20th day after the day he receives the
copies and shall make his return to the clerk on the duplicate copies, stating the date and manner
of service or the cause of his failure to make the service. Any person summoned as a juror of
view who fails or refuses to perform the service required of him by law as a juror forfeits and
shall pay for each failure the sum of $10, to be recovered by judgment on motion of the district
or county attorney in the name of the county.
"(c) The jurors shall first take the following oath: 'I,
do solemnly swear that I will lay out the road now
directed to be laid out by the order to us directed from the commissioners court, according to
law, without favor or affection, malice or hatred, to the best of my skill and knowledge. So help
"(d) The jury shall issue a written notice of the time when they will proceed to lay out the
road or when they will assess the damages incidental to the opening of the road. The notice shall
be served on each landowner, his agent, or attorney, through whose land the road may run, not
later than the fifth day before the day set in the notice. If the owner is a nonresident of the
county, the notice may be given by publication in a newspaper published in the county. The
notice must be published once a week for four consecutive weeks, and the road may be
established after four weeks' publication. The cost of publishing shall be paid as directed by the
judgment of the court.
"(e) At the time stated in the notice or previous to that time, the owner may present to the
jury a written statement of the damages claimed by him, incidental to the opening of the road,
and the jury shall proceed to assess the damages, returning its assessment and the claimant's
statement with its report. If the commissioners court approves the report and orders the road to
be opened, it shall consider the assessment and damages by the jury and the claimant's statement
and allow to the owner just damages and adequate compensation for the land taken. When the
damages and compensation are paid or secured by special deposit with the county treasurer to
the credit of the owner and after notice of the payment or deposit to the owner, and if no
objection is made to the jury's report, the court may proceed to have the road opened, if it is
considered to be of sufficient importance. The owner may appeal from the assessment as in cases
of appeal from judgment of justice courts, but the appeal shall not prevent the road from being
opened, but shall be only to fix the amount of damages. (V.A.C.S. Arts. 6706, 6707, 6708, 6709,
"Section 2.005. ROADS ACROSS PUBLIC LAND. A public road may not be opened
across land owned and used or intended for actual use by the state, educational, eleemosynary, or
other public state institutions for public purposes and not subject to sale under the general laws
of the state, without the consent of the trustees of the institution and the approval of the
governor. The roads opened before September 1, 1925, across the land may be closed by the
authorities in charge of the land whenever they consider it necessary to protect the interests of
the state, on repayment to the county where the land is situated, with eight percent interest, the
amount actually paid out by the county for the condemnation of the land as shown by the
records of the commissioners court. (V.A.C.S. Art. 6715.)
"Section 2.006. NEIGHBORHOOD ROADS. (a) The commissioners court may declare as
a public highway any line between different persons or landowners, any section line, or any
practicable route (a practicable route being one convenient to landowners while at the same time
avoiding hills, mountains, or streams through any and all enclosures), subject to the following
CH 8, SEC 1
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature, legislative document, 1985; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221803/m1/35/: accessed May 19, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.