Hello,
I'm so thankful for this forum.
Has anyone dealt with 251.053 of the Transportation Code where the County makes and pays for a road for citizens? My read puts the application process on the applicant with the County paying for the actual road. Rather the legal work on the applicant then vote to commissioner's court.

It is my understanding that any landowner who has no public access to his property (need NOT be a residence) may apply to the Commissioners for a neighborhood road. Unlike opening a new county road, this does not require 8 citizens signing off.

Application is filed with the Comm Ct, Clerk sends notice to affected landowners who may appear and challenge. Commissioners MAY deny (subsequent suit arguably could find abuse of discretion).

If County agrees, it compensates landowners as with any other "taking", and builds the road. Who maintains it may be a good question.

This statute has had its problems. It was found unconstitutional in 1962 (Maher v Lasater, 354 SW2d 923) and has been rewritten multiple times.

Most recent info I have on it is Tx AG GA-0835 from 2011.

As I read it, the "application" can be as simple as a letter request. I don't think that the citizen is required to do much except call the problem to the attention of the Comm Ct and (this, to me, is important) ASK for the county to put in a road to his place. Absent the request, I don't think that the duty (if, in fact, there is one) attaches.

Of course the problem, which is the reason that this statute has had to be rewritten so often, is that the County is building a road for which there is arguably minimal public need. Really, one person gets the benefit. Be prepared for either a) public outcry or b) many others who figure if HE got a road, so should they.

This message has been edited. Last edited by: Lisa Peterson,

Roads is known for its old homes, memorable state funded schools, and its tree-secured roads. The Roads is near Buy Essay Online Downtown and Brickell, but is a generally private neighborhood. It is also off the ordinary Miami road lattice, and hence every one of the lanes in The Roads are named roads.