seems like i remember seeing that commissioners may , with the agreement of the land owner, enter onto private property to address issues of soil conservation and drainage onto county roads if it is a benefit to the county in preventing both erosion of the land surrournding the county ROW and helps preserve the integrity of the road. However, i am having trouble finding the authority now...any suggestions?
'tis the season to rebuild terraces and several have wandered into the ROW that will cause drainge issues assuming it rains again. commissioners are willing to work with the land owners to preserve both the soil and the road bed if we can find the authority.
Thanks

is there anything else?...since this benefits the county, i dont think the landowners will want to compensate for the use of the equip. most, 90%, of the work will be in the ROW but some access to private land will be needed.

[This message was edited by mhartman on 02-28-11 at .]

i'll do some more checking, but I think that's what we have used. Most of our land owners want the road preserved, which helps. Their contribution has not always been cash. Also - the soil conservation people have some money that can be used for this.

Lisa L. Peterson
Nolan County Attorney

thanks lisa!
it seems to me if the primary benefit is to the county there would not be a compensation issue.
it isnt as if we are builing terraces, just directing how we want the water to flow into our ditches and possibly repairing some damage done along the edge of the row when the private contractor rebuilt them.

I also encourage our Commissioners to get a written drainage easement, be it temporary, permanent, or a mixture. The one I use is based on TXDOT'S.