Query to all of you bright and sharp County Attorney types: Subchapter E of Chapter 352, Local Gov't Code, was amended in 2005 to add a "residential subdivision" subject to gating in order to accommodate emergency vehicles, etc (see 352.111 et seq). Prior to that time, it applied only to multi-unit housing project. Back in 2000, the Hon. John Cornyn opined that a public road accepted for maintenance by a Commissioners Court could not be obstructed by a gate or anything else. Did the 2005 amendment to Chapter 352 change that? Cn a commissioners court authorize a residential subdivision to gate a public road so long as the requirements of Chapter 352 are met. Inquiring minds want to know.
LGC 352 does not authorize locked gates on public roads, in my opinion. It just requires private road subdivisions with locked gates to provide emergency access. Trans. code section 251.010 allows a Commissioners Court to authorize gates on 3rd class public roads in situations described therein, but they cannot be locked.
I agree with Mark. The roads in a gated subdivision in an unincorporated area are "private roads." They would not be accepted into the county road system for maintenance, but would be subject to the emergency access rules.
I agree with you guys, but the addition of the term "residential subdivision," without qualification as to private roads, is vague and open to an alternative interpretation. My commissioners are not going to allow it on public roads, even if legal.
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