Sec. 251.057. ABANDONMENT OF COUNTY ROAD. (a) A county road is abandoned when its use has become so infrequent that one or more adjoining property owners have enclosed the road with a fence continuously for at least 20 years. The abandoned road may be reestablished as a public road only in the manner provided for establishing a new road.
(b) This section does not apply to:
(1) a road to a cemetery, unless a property owner whose property adjoins the road enclosed with a fence under Subsection (a) files notice with the county clerk of the county in which the road is located that the owner agrees to provide reasonable access to the cemetery in accordance with Section 711.041, Health and Safety Code; or
(2) an access road that is reasonably necessary to reach adjoining real property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 485 (S.B. 1487), Sec. 1, eff. June 14, 2013.
Structure Texas Statutes
Subtitle C - County Roads and Bridges
Chapter 251 - General County Authority Relating to Roads and Bridges
Subchapter B. Establishing and Closing Roads
Section 251.051. General Authority of Commissioners Court
Section 251.052. Public Application for New Road or Road Change
Section 251.053. Neighborhood Roads
Section 251.055. Extending Farm-to-Market Road in Adjoining County
Section 251.056. Roads Across Public Real Property
Section 251.057. Abandonment of County Road
Section 251.058. Closing, Abandoning, and Vacating Public Road