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Tex. Transp. Code § 251.056

ROADS ACROSS PUBLIC REAL PROPERTY

Applied in 1 court decision — leading case State v. Montgomery County (2011)

Most recently applied in State v. Montgomery County (February 2011)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff

(a) A public road may not be opened across real property owned and used or intended for use for public purposes by a state institution and not subject to sale under the general law of this state without the consent of the governing body of the institution and the approval of the governor.

(b) The authority in charge of real property described by Subsection (a) may close a road opened on that real property before September 1, 1925, if the authority considers it necessary to protect the interests of the state. An institution that closes a road under this subsection shall compensate the county in which the real property is located in an amount equal to the amount paid by the county to condemn the real property, as shown by the records of the commissioners court, together with eight percent interest.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.