Texas Attorney General Opinion: DM-13 Page: 4 of 5
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Honorable Robert G. Bond - Page 4 (DM-13)
Honorable Clay Strange
business." n Tex. Const. art. V 18; (authority of a county to maintain private
roads) Attorney General Opinions JM-842 (1988), JM-334 (1985) and JM-200
You also raise the possibility that the school district has an easement in the
roads in question. In counties such as McCulloch and Mitchell Counties having a
population no greater than 50,000 according to the most recent federal census, a
public interest in a private road may be established, acquired, or received by a
county only by purchase, condemnation, dedication, or final judgment of adverse
possession. V.T.C.S. art. 6812h. S Attorney General Opinions JM-842, JM-334.
This statute does not expressly prevent school districts from acquiring interests in
private roads in a different manner, but we do not believe school districts acquire
prescriptive easements in private roads merely because their school buses use them
to pick up school children. See 31 Tex. Jur. 3d Easements and Licenses in Real
Property, 1 33 etseg. at 637. Even if the school districts had acquired interests in
the roads, the county could not gratuitously improve and maintain them.
S U MM AR Y
County commissioners are not authorized to maintain
private roads, even though the roads are used for school bus
Very truly yours,
Attorney General of Texas
First Assistant Attorney General
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY (Ret)
Special Assistant Attorney General
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-13, text, 1991; (texashistory.unt.edu/ark:/67531/metapth273820/m1/4/: accessed April 26, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.