Texas Attorney General Opinion: DM-487 Page: 1 of 5
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Office of the ttornep @enerat
state of Texas
DAN MORALES
ATTORNEY GENERAL November 10, 1998
The Honorable Howard Freemyer Opinion No. DM-487
Kent County Attorney
Kent County Courthouse Re: Whether a commissioners court may establish
Jayton, Texas 79528 a neighborhood road pursuant to Transportation
Code section 251.053 (RQ-1209)
Dear Mr. Freemyer:
Your questions concern section 251.053 of the Transportation Code, which authorizes a
county commissioners court to establish a "neighborhood road." Section 251.053 provides:
A person who owns real property to which there is no public road or
other means of public access may request that an access road be established
connecting the person's real property to the county public road system by
making a sworn application to the commissioners court requesting the court
to establish the road.
Transp. Code 251.053(b). Section 251.053 further provides:
If the [commissioners] court determines that the applicants do not have
access to their real property and premises, the court may issue an order
declaring the lines designated in the application, or other lines established by
the court, to be a public road.
Id. 251.053(d). A property owner who incurs damages as the result of such a commissioners court
determination is entitled to compensation. Id. 251.053(e).
You tell us that the Kent County Commissioners Court has received an application for the
establishment of a neighborhood road. The applicant does not have access to her property by way
of a public road, but neighboring landowners have permitted the applicant to use their private road
to access the property for limited purposes. You state that the applicant wishes to transport gravel
'A "public road" for purposes of chapter 251 is a "public road or highway that has been laid out and established
according to law and that has not been discontinued." Transp. Code 251.002.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-487, text, November 10, 1998; (https://texashistory.unt.edu/ark:/67531/metapth274296/m1/1/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.