HonorableFl. E.

county Attorney

Bar Sir: Opinion No. 

### ~w-lOg6

‘Re: Whether the, Coaunlssloners~ Court may maintain a private road of an individual who dedicates the private road to public uee and the dtdlcation Is accepted by the commlaalontrst Court, and related questions. Your request for an opM& from ‘our 

### office Is **aub** stantially stated ap follows: jury 20, 

### 1961

Whether the Commlsalonerst Cbrt may maintain a private road of an lndivlduhl whodtdlaates the private road to public use and the dtdlcatlon is acoepted by the 

### Commlsaionere~

Court and related questions. 

### Frominformation furnished us by you, It aipeak that the lairdownerIn qutetion haa txpreagly dedicated a private road for public use and there ha8 also been an acceptance by the Commls ’aloners~ Coiirt of your County. Although a commonlaw dedioation haa taken $laoe, attiain ~rtqulremtnts such as publlo purpose, competencyOSdedicator, and offer and aoceptance have been complied with. Thti Commlsaloners~ Court holds the uat of the dedloattd property In trust for the publtc.

Aeyou stated ln your requtet; Borne difficulty was encountered in the paet whenthe County maintained private made at public txpenee. Wemust assume in thla aaee.that the landowner bada public purpose ln mind and that the Comm.lsslanersl Court acted reasonably ln the absence of a showing to the contrary. Herealso the road ln question dots connect directly with the county mad system.

In nmy c&see improvements have been madeby the Oommisslonera’ Court on property dedicated both txpreesly and iqplledly, and.acqulescenot therein by the landowntre haa~been ueed to show anIntention to detllcate.
t Tribble v. l%llaa RY. & Terminal Com- @no, J 3 S.W.26 933 Clv.App. 1929, error ref. ), Ealctns v. Qarrlson, 27 S.W.2d 510 Civ.App. 1955, error ref. n.r.t,) In YO’=

.Honorable R. E. Way, page 2. (w-1096)

aIt;wtlon there la no controversy a8 to dedlcation,~htnce the c0~issioners’ court maymakeany lf4rovements or use any oounty machinery on property 80 dedicated.

your rlrat related question concerns a private. landowner’s petitioning the Commlssloners 1 Court to makehis private road a public one. If seven additional freeholdere join hlmin the petItIon and ali requisites of Article 6705 et 

### seq.,Vernon’s civil Statutea lava been complied with, then the Commisalonera~ Court maymaintain such with any of Ita maChIIN3rY a8 they would any other pub110road.

Your second related question presents the altuatlon wherein a private landowner petitions the Commlaslonerrr~Court to makehis private road a public road. The question arlrres as.to whether sufflclent necessity exists for a jury of view to be appointed when aald road la traveled by the landowner’s family, hIe married children, hle neighbors going to vlalt him and by any. on&else whomight have an occasion to travel to the landowner~s hometither on buslnese or for pleasure.

Aa to whether a road 1a’“neceasary” a8 that word la used In Article 6703, Vernon’s Civil Statutee, la entirely In the diacretlon of the CommIaslonere~ Court, hence only a question of iact is presented. This office only advises on queatlona of law. Under Article 6703, the Commieslonere’ Court may open public roads “whennecessary. ’ Whether thIe particular road will be of benefit to the public Is for your Commissioners( .Court.alone to decide. A benefit to Individual8 is not necesaarily lnconelstent with a benefit to the public. Set 21 Tex.Jur., 555 et w., Highways, Sec. 17. Whenthe ComaIssIonere~ Court has madeIt8 determination, then the jury of ’ View la to be appointed by said court by virtue of Article 6706 of Vernon’s civil Statutea.

SUMMARY

Whenan Individual landowner dtdiaatta hib private road to public use, the Comaissloners~ Court mayaccept said road forHonorable R. E. Gray, page 3. (~~-1036)

the uee of the public and may maintain It with county machinery,

Your0 very truly, WILLWILSON Attorney Qeneral of Texas 

# ‘*.&Y2lst?M4
Fred D. Ward Aeei&%nt Fm:lgh:ti
APPROVED: OPINION

COMWI!lTRE tbrgah Nenbltt, Chairman Harris Toler Virgil Pulllam .(ul*rt mrgrayt REVlHEDFORTHEA!tl'ORNEYQENERAL By: Leonard Pasemort