TDCAA Community
Claim Against County

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July 14, 2006, 10:08
mike bartley
Claim Against County
Landowner wants payment for growing corn which was damaged by county road grader. Understand landowner wants $200. Written claim is forthcoming. Are there any procedures? Is it just something the Commissioners Court can approve/disapprove?
July 14, 2006, 10:21
Scott Brumley
If you want to be strict about it, the farmer will have to give appropriate notice within six months of the damage, per section 101.101 of the CPRC unless the county has actual knowledge of the incident and its culpability. That much is jurisdictional, thanks to section 311.034 of the Government Code. With that said, the commissioners court always retains authority under article 5, section 18(b) of the constitution to direct the county's business, including the settling of claims that may lead to litigation. Thus, if the commissioners court wants to forestall formal claim and lawsuit mumbo-jumbo and simply settle a small-beans (excuse me, small-corn) type claim, I think they have ample authority to do so.
July 17, 2006, 14:41
mike bartley
Thanks, Scott