TRANSPORTATION CODE

SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES

CHAPTER 281. ACQUISITION OF PUBLIC INTEREST IN PRIVATE ROAD BY 
CERTAIN COUNTIES


	§ 281.001.  APPLICABILITY OF CHAPTER.  This chapter 
applies only to a county with a population of 50,000 or less.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 281.002.  ACQUISITION OF PUBLIC INTEREST IN PRIVATE 
ROAD.  A county may acquire a public interest in a private road only 
by:
		(1)  purchase;                                                                
		(2)  condemnation;                                                            
		(3)  dedication;  or                                                          
		(4)  a court's final judgment of adverse possession.                          

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 281.003.  DEDICATION.  (a)  For purposes of this 
chapter, a dedication must be:
		(1)  an explicit voluntary grant of the use of a private 
road for public purposes;  and
		(2)  communicated in writing to the commissioners court 
of the county in which the real property is located.
	(b)  An oral dedication or intent to dedicate by overt act is 
not sufficient to establish a public interest in a private road 
under this chapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 281.004.  ADVERSE POSSESSION.  For purposes of this 
chapter, adverse possession is not established by the:
		(1)  use of a private road by the public with the 
permission of the owner;  or
		(2)  maintenance with public funds of a private road in 
which a public interest is not recorded.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 281.005.  RESOLUTION OF COMMISSIONERS 
COURT.  (a)  After a public interest in a private road is acquired 
under this chapter, the commissioners court of the county in which 
the road is located shall record by resolution the interest in the 
records of the court.
	(b)  The resolution must state:                                                
		(1)  the date on which the interest was acquired;  and                        
		(2)  the circumstance by which the interest was 
acquired.                   

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 281.006.  NOTICE TO OWNER REQUIRED.  A commissioners 
court may not assert a public interest in a private road acquired 
under this chapter until the court:
		(1)  complies with Section 281.005;  and                                      
		(2)  gives written notice to the owner of the road in 
person or by registered mail to the address of the owner shown on 
the most recent ad valorem tax roll for the county.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 281.007.  CONTEST.  A person asserting a right, title, 
or interest in a private road in which a public interest is asserted 
under this chapter may file suit in a district court in the county 
in which the road is located not later than the second anniversary 
after the later of:
		(1)  the date that the resolution required by Section 
281.005 is recorded;  or
		(2)  the date the notice required by Section 281.006 is 
given to the owner. 

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.