Texas Attorney General Opinion: WW-1096 Page: 1 of 3
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ThE ArrnMIY UAENE11OAL
our TE X AS
yLL wILNtON
July 20, 1961
Honorable R. E. Gray Opinion No. WW-1096
County Attorney
San Saba County Re: Whether the Commissioners'
San Saba, Texas Court may maintain a private
road of an individual who
dedicates the private road
to public use and the dedi-
cation is accepted by the
Commissioners' Court, and
Dear Sir: related questions.
Your request for an opinion from our office is sub-
stantially stated as follows:
Whether the Commissioners' Court may
maintain a private road of an individual
who dedicates the private road to public
use and the dedication is accepted by the
Commissioners' Court and related questions.
From information furnished us by you, it appears that
the landowner in question has expressly dedicated a private road
for public use and there has also been an acceptance by the Com-
missioners' Court of your County. Although a common law dedica-
tion has taken place, certain requirements such as public purpose,
competency of dedicator, and offer and acceptance have been
complied with. The Commissioners' Court holds the use of the
dedicated property in trust for the public.
As you stated in your request, some difficulty was
encountered in the past when the County maintained private roads
at public expense. We must assume in this case. that the landowner
had a public purpose in mind and that the Commissioners' Court
acted reasonably in the absence of a showing to the contrary.
Here also the road in question does connect directly with the
county road system.
In many cases improvements have been made by the Commis-
asioners'Court on property dedicated both expressly and iupliedly,
and.acquiescence therein by the landowners has been used to show
an intention to dedicate. Tribble v. Dallas y. & Terminal Corm-
pany 13 S.W.24 933 (Civ.App. 129, error ref.),VEaens v. Garri-
son278 S.W.d 510 (Civ.App. 1955, error ref. n.r.e.) in your
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1096, text, July 20, 1961; (https://texashistory.unt.edu/ark:/67531/metapth267708/m1/1/?q=%221961-07%22&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.