Texas Attorney General Opinion: V-1480 Page: 3 of 4
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Hon. Sam W. Davis, page 3 (V-1480)
"Sec. 3. The Commissioners Courts of
any such counties shall have the authority
to refuse to approve and authorize any map
or plat of any such subdivision unless such
map or plat provides for hot: 1iTaithan ther
minimum right-of-way for roads or streets
as required in Section 1(a) hreof; and
there is submitted with such map or plat a
bond as required by Section 2 hereof."
In Gulf View Courts v. Galveston County, 150
S.W.2d 872 (Tex. v. App. 1941, error ref.), the court
granted Galveston County a mandatory injunction requir-
ing the Gulf View Courts to remove certain buildings
from an easement for sea-wall purposes which the county
had previously .obtained.
It is well settled that a county will be en-
titled to injunctive relief for the purpose of keeping
easements for road purposes unobstructed. Huston v.
Throckmorton County, 215 S.W.2d 387 (Tex. Civ7 App.
1946); West v. aElli County, 241 S.W.2d 344 (Tex. Civ.
Senate Bill 321 grants to the County an
easement of sixty feet for roads or streets intended
for public use. It specifically provides that the com-
missioners' courts are authorized to require the owner
of a subdivision to "provide for a right-of-way of not
less than sixty feet.' Further, the commissioners'
court may promulgate reasonable specifications for the
construction of such roads. The emergency clause
" . . that maintaining shoody roads and
streets in new subdivisions has become a heavy
drain on County Road and Bridge Funds, and the
fact that at present. the County. Commissioners
Courts have no legal authority to require real
estate developers to oQnstruct substantial roads
and streets in such new subdivision, creates an
emergency. . . "
Thus it is. proper for the commissioners' court to protect
this property interest by resort to the courts for an
injunction against interference with its use.
The grant of an express power by the Legisla-
twre gives with it by necessary implication every other
power necessary and proper to the execution of the power
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1480, text, 1952; (texashistory.unt.edu/ark:/67531/metapth266297/m1/3/: accessed December 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.