### TRE ATTORSE~ GESERAL OF ‘IL‘ESAS
Nay15, 1987

Bonorable JohnD.Hughes HoodCounty Attorney Room6, County Courthouse Granbury, Texas 76040 Opinion No. 

### J&i-699 Re: Whether acounty clerk is required co notify nondeveloper owners of land in a subdivision of adeveloper's request torevise asubdivision plat DearMr.Hughes: Article 6626e. V.T.C.S., provides for the revision by devriopers of subdivision plats subject cothe subdivision controls of the county and filed for record with the county clerk. See art. 

### 6626e,§l; cf. Attorney General Opinion JM-365 (1985). Section 3or article 6626e provides that the county commissioners court shall permit the revision if it is shown either that the revision will nor. interfere with the established rights of any owner of apart of the subdivided land or, if the revision will interfere with such owners' rights, that the owners have agreed to the revision. Section 2of the act provides for notice of thkproposed revision bygeneral publication andbyspecific notice to the nondeveloper owners of the subdivided land. You ask two questions about the notice provisions of article 6626e. Your first question is whether section 2requires the county to send notice to nondeveloper owners of part of the subdivided tract or whether the county clerk may require the developer to notify nondeveloper owners. Your second question relates to iarge subdivisions which have been platted in smaller units. You ask whdchsr all nondrveioper owners in the subdivision mustbenotified orwhether notice maybe sent only to those nondeveloper owners of land in the unit of the subdivision that is subject torevision. Section 2ofarticle 6626e provides:

(a) After the application is filed with the commissioners court, the court shall cause a notice of the application tobeprinted in dnewspaper of general circulation in the county. The notice must include a statement of the time and place atwhich the commissioners court will meet

p. 3239Honorable JohnD.Hughes - Page 2 (JM-699)

to consider the application and to hear protests to the revision of the subdivision plat. (b) The notice musr be published at least three times within the period beginning on the 30th dayaxLending onthe seventh day before the date of themeeting. (c) If ali or part of the subdivided tract has been sold to nondeveloper owners, notice shall also be given to each owner, at his address on said tract. by certifieu mail or registered nail, return receipt requested. (Emphasis added). Resolution of your first question depends onwhether subsection (c) was intented to place a duty on the comissionrrs court to notify nondeveloper owners. Statutory construction depends onadetermination of legislative intent. Thelanguage of astatute is the primary guide indetermining legislative intent. The language and syntax of section 2 indicate that the legislature intended that the county commissioners court notify nondeveloper owners of proposed subdivision revisions. Subsection (a) of section 2 refers to the commissioners court and expressly requires “the court” to cause notice to be printed.111 a newspaper of general circulation in the county. Subsection (c) scaces that “notice shall also be given to each owner. . . .” Although subsection (c) does not refer expressly to the commissioners court, the use of the word “also ” indicates that subsection (c) imposes an additional notice responsibility onthe county coolmissioners court. You also ask whether all nondeveloper owners in the subdivision must be notified or whether the county may limit notice to nondeveloper owners of land in the unit of the subdivision chat is subject to revision. If one subdivision plat could be divided into smaller unirs for purposes of determining which landowners to notify, a core purpose of the notice requirements would be violated. Subsection (c) of section 2states that “[ilf all or part of the subdivided tract hds been sold to nondeveloper owners, notice shall also be given to each owner. . . .” (Emphasis added). This subsection refers to “each” nondeveloper owner of land in the “subdivided tract;” it does not limit notice to owners in some smaller “affected portion” of the subdivision. Nor does it limit notice to owners ,in cbe “aubdivision plac.” Even if one subdivision is platred in various units, it remains one subdivision. Consequently, the legislature must have intended that the county notify all nondeveloper owners in the subdivision of proposed revisions in the subdivision plat, including revisions in anysmaller unit plat of the subdivision.

p. 3240Honorable JohnD.Hughes - Page 3 (JM-699)

SUMMARY Subsection (c) of section 2of article 66260, V.T.C.S., places the duty on the county commirsioners court tonotify all nondeveloper owners of all or part of asubdivided tract of a proposed revision of the subdivision plats including revisions in auy smalier unit plat of the rubdivision, filed for record with the county clerk.

-JIM MAT-T 0X Attorney General ofTexas JACKHIGHTOWRR First Assistant Attorney General MARYKELLER Executive Assistant Attorney General JUDGEZOLLIESTRARLEY Special Assistant Attorney General RICKGILPIN Chairman, Opinion Committee Prepared byJennifer Riggs Assistant Attorney General

p. 3241