Comal County Planning to Adopt Official County Road Map
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Frequently Asked Questions

THE MAPS WILL BE AVAILABLE SOON

 

What is this County Road Map and what is its purpose?

The County Road Map provides counties a new mechanism for clarifying their legal interests in certain county roads.

The Texas Legislature recently passed a statute that allows counties the ability to adopt a County Road Map. This map is intended to allow a Commissioners Court to publicly and officially declare the roads within their county which they claim to be county maintained public roads. A County Road Map adopted under this process is conclusive evidence of the public’s right of access over a road included on the map and the county’s authority to spend public money to maintain the road.

The procedure for developing the map involves a lengthy process of public notification. The Legislature obviously wanted to make sure that every resident had an opportunity to review the map and comment accordingly. After this review process and public comment period, the County Road Map will be adopted by the Comal County Commissioners Court and will represent, officially, all of the roads within Comal County that are County maintained public roads.


Under what authority can Comal County adopt a county road map?

Chapter 258 of the Texas Transportation Code gives Comal County the authority to adopt a county road map. To see a copy of Chapter 258 of the Transportation Code, click here.

Why is my road not shown on the list of roads that the County maintains?

The County does not maintain private roads, state highways, or city streets. If your road is not a private road, state highway, or city street, and it is maintained by the County, then call the Comal County Engineer’s Office at (830) 608-2090, and ask to speak to the County Engineer. We may need to add your road to the map.

What do I do if my road is shown on the list of roads that the County maintains, but I feel that it is not a County maintained public road?

First of all, contact the County Engineer’s Office and advise them of your concern. It may be a needed and obvious correction to the proposed map.

What if the County Engineer’s Office disagrees with me and I want to file an official protest?

During the public review and comment period, you may protest the County’s claim. You can file a written protest with the County Judge at any time before the June 2, 2005 public meeting. Written protests must be sent to the County Judge and can be delivered to:

Comal County Commissioners Court
Attn: County Judge
Commissioners Court Building
199 Main Plaza
New Braunfels, TX 78132

You can also voice your protest directly to the Commissioners Court at the public meeting scheduled for June 2, 2005 at 8:15 AM.

How are protests filed with the County Judge prior to the public meeting, or filed at the public meeting resolved?

The Commissioners Court shall appoint a jury of view consisting of five property owners who have no interest in the outcome of the protest to determine, by a majority vote after a public hearing and an examination of the County's road maintenance records and other information, the validity of the County's claim of the existence of a public interest in the road. A county has a valid claim of the existence of a public interest in a road if it provides written records or other information documenting the County's continuous maintenance of the road beginning before September 1, 1981. The determination of the jury of view is binding on the Commissioners Court, and the Commissioners Court shall revise the proposed county road map accordingly.

Where can I see a copy of the proposed Comal County Road Map?

A copy of the Comal County Road Map will be displayed at the Comal County Courthouse from May 6, 2005 through September 15, 2005, during regular business hours. You can also review a copy of the proposed map online by clicking on this link.

What is the schedule for the adoption of the Comal County Road Map?

The schedule for the adoption of the Comal County Road Map is as follows:

Notice of Proposed Map and Hearing in Tax Statements: October 2004
*Public Hearing on Proposed Map: June 2, 2005
Jury of View Deliberations to Resolve Protests: September 8, 2005
Public Hearing for Commissioners Court to Adopt Final Map: September 15, 2005
Notice of Adoption of Final Map in Tax Statements: October 2005

* The Commissioners Court shall publish at least once a week in a newspaper of general circulation in the county for at least four consecutive weeks preceding the date of the public meeting a notice:
(1) advising the public that the Commissioners Court has proposed a county road map including each road in which the County claims the existence of a public interest;
(2) identifying a location at the courthouse at which the proposed map will be available to the public during regular business hours; and
(3) stating the date and location of the public meeting.

Once the County Road Map is adopted, can I contest the adoption?

Yes. You may contest the inclusion of a road in the county road map by filing a suit in a District Court in the county in which the road is located not later than the second anniversary of the date on which the county road map including the road was adopted (September 15, 2007).