JIM MATTOX 

Attorney General 

suprems Ccucl MIdIn 

P. 0. Box 12540 

Austin. TX. 79711. 2545 

512/47,2591 

Telex 01011M4-l357 

TelecQQler 51214754m35 

714 Jackam, sun0 790 

oanu. TX. 752024505 

214n42.9944 

4024 Albna K+c.. Suite 180 

El Pmo, lx. 789052792 

915icG34m 

lcol Texas. sune 700 

nwrtm. TX. 77002~3111 

71Y22%5855 

SW Broadway. SuNe 312 

Lubbock, TX. 79401-3479 

mY747.5239 

4399 H. Tenth. Sulle S 

McAllen, TX 79501-1885 

512sS24547 

The Attomy General of Texas 

June 11, 1985 

Eonorabla William L. yerguaon 

County 6 District Attorney 

Rusk County Courthouse 

Benderson. Texas 75652 

Opinion lo. m-332 

Rc: Circumstances under which a 

county my dispose of abandoned 

rights-of-way 

Dear Hr. Perguaon: 

You Inform ‘3s that in Rusk County several roads have been 

abandoned by actico of the cmlssionera court. The county clerk does 

not have any records as to hou the rights-of-way for these roads were 

acquired or est&lished by the county, but these roads were 

established many gears ago. In that regard you ask: 

Euv can the commissioners court of a count? 

dispose of abandoned rights;ofray when there is 

90 recotij shoving the method of acquisition of 

such ri@ts-of-way? 

A county comadssioners court has only the pavers conferred either 

expressly or by at:cessary implication by the constitutfon and statutes 

of this state. SW Tex. Const. art. 

--. V, 118; Canales v. Laughlin, 214 

S.W.2d 451, 453 ‘[Tex. 1948). ThUS, the cormnissioners court can 

dispose of abanilctned right-of-way property only where there Is 

statutory or cons!:itutional authorization to do so. Id. 

- 

Article 1577, V.T.C.S., prwides a statutory procedure 

authorizing a county commlssionera court to dispose of real estate. 

200 MaIn Pbza, Suile 400 

!jan Antonio, TX. 702052797 

County roads and l:j.ghts-ofliay are iuterests in land. See Anderson v. 

512i225-4181 

Tall Timbers Cock, 378 S.W.2d 16 (Tex. 1964). The statute 

soecif%callv authorizes a commissioners court to dispose of abandoned 

“highway right-of -‘ray property.” V.T.C.S. art. 15j7. It has been 

All Equal OPpcrtunilYl held that a conve!frmee or disposition of land owned by the county made 

Alflrmallve Action EmPlOYer in any mode other ,than prescribed by article 1577. V.T.C.S., is void. 

See Wilson v. Colzizof Calhoun, 489 S.W.2d 393 (Tex. Civ. App. - 

Corpus Christi 1972. writ ref’d n.r.e.). Moreover, a cosmisaioners 

court has not been given the authority to douate any county-owned 

property to private indivjduals or corporations. See Conley v. 

Daughtera of the :%I! ublic. 156 S.U. 197 (Tex. 1913); Attorney General 

Oplnioa M-62 (1979 -+-X100. . owners of lands surrounding a road or 

right-of-way cannot claim title to them by adverse possession unless 

the road has been abandoned in compliance with section 2.008 of 

p. 1518 
Eonorable Uilliu L. Terguaao - Page 2 (JX-332) 

article 6702-l. V.T.C.8. Cf. V.T.C.8. art. 5517; Attorney General 

Opinion B-111 (1973) (di&;~ing predecessor statute V.T.C.S. art. 

6703a). . 

You indicated that thlcre are no records shoving the method of 

acquisition of the nou abandoned right-of-way property. The schama 

outlined in article 157i. V.T.C.S., makes provlslons for the 

disposition of right-of-va:r property even if there are no official 

records of how the property was acquired. The prerequisite for the 

application of article 1577, V.T.C.S., is that the property is owned 

by the county at the time of its disposition. Accordingly, the 

cqxmissioners court may dispose of the abandoned roads or 

rights-of-way only in the method outlined in article 1577, V.T.C.S. 

SUMMARY 

Once a county bomanissioners court has abandoned 

a road or right-of-way in compliance with article 

6702-l. section :!.008, V.T.C.S., the court is 

authorized to ili.spose of the roads only in 

compliance with article 1577, V.T.C.S., regardless 

of the method of acquisition. 

JIM IIATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney Goneral 

DAVID R. RICEAFDS 

Executive Assistant Attormy General 

ROBERT GRAY 

Special Assistant Attorney General 

RICR GILPIR 

Chairman, Opinion Committe~c 

Prepared by Tony Guillory 

Assistant Attorney General 

p. 1519 
-* . FZ- jt 

. - 

&morable William L. Perguam - Page 3 W-332) :, 

APPROVRD: 

OPINION CCMITPBE 

Rick Gilpin, Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Moellinger 

Jeunifer Riggs 

Nancy Sutton 

Sarah Woelk 

p. 1520