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to mow or not to mow......that is the question Login/Join 
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New commissioner asks if she can mow vacant lots in an unincorporated city located in the county. evidently the prior commissioner was doing it for years under the umbrella of "fire prevention" i have not been able to find authority for the action and the condition does not rise to the level of habitats for mice, vermin etc.
Is there authority for a county to enter onto private property for the purpose of clearing brush and/or shredding tall grass to diminish a potenital fire risk?
Guess we can start at the county line and mow until get to the other side.
if you know of any authority i would appreciate the help.
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
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In Ex Parte Conger, 357 S.W.2d 740 (Tex. 1962), one of the scenarios blessed by the Court was the use of county equipment to clear a fire hazard from a private lot. I haven't looked at that case for a few years, but I assume it is still good law. The question may be what constitutes a credible fire hazard. I don't recall if there was any analysis regarding whether the hazard actually existed.
 
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
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thanks Jim... i had been looking thru Brooks and started digging thru some statutes, but hadnt run across anything yet. i will look at the case.
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
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