Who owns the road? Brazos County residents and commissioners can’t agree on property line
BRYAN, Texas (KBTX) -Residents in the Rustic Oaks community of Brazos County find themselves locked in a lengthy dispute with county commissioners regarding ownership and maintenance responsibilities of an essential road leading to their properties.
The ongoing stalemate has left homeowners frustrated, as they believe the county is failing to comply with state law.
Brian Cahill, one of the homeowners residing along Greenleaf Lane in Brazos County, is spearheading efforts to persuade the county to address the road and culvert repairs that he firmly believes fall under the county’s jurisdiction.
However, these discussions have seemingly reached a stalemate.
”They have not given us any information to back up their decisions. I would stop coming if they gave me a conclusive reason why they can’t do this. But I have brought documentation to refute every reason they’ve given us,” said Cahill.
Commissioners, on the other hand, argue that the county’s maintenance responsibilities conclude at the cul-de-sac, emphasizing that the developer was aware of their obligation for the road and culverts when acquiring the land.
”When you buy a tract of land, you need to see what’s involved in getting to it and the maintenance of it and all that,” said Brazos County Judge Duane Peters. “That is private property out there, and they bought it as private property, and it is and still will be.”
Peters further explained why the county doesn’t consider the road as county-maintained and the intentions of the land developer.
“He had it put on the plat not because it was a county road but because he needed that right of way to be able to extend over across the creek to develop this other side of the creek,’ Peters added.
Cahill, however, argues that surveys and photographs indicating signage movements provide evidence of where county ownership begins and ends. He believes that any decision should ultimately be made by the County Engineer overseeing the road department, rather than the commissioners or judge.
County Maintenance Sign Next to Culverts Spring 2018 Photo: Rescue Greenleaf
”The county engineer made a decision to move the sign in relevance to a survey that was performed. She made the right decision, but she was overruled, and we’re asking for that to be examined to say, ‘Hey, are we following the Texas Transportation code in its proper segmentation of authority here?’” Cahill said.
County Maintenance Sign Showing County Ownership of Culverts 11/16/2018 Photo: Rescue Greenleaf
Residents have started a website that features more documents and photos related to the Greenleaf Lane road conditions and county maintenance. https://www.rescuegreenleaf.com/home
Surveyor’s Report by KBTX on Scribd
