Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Iionorable Joe Fultz County Attorney orimee county Anderson, Texas Dofir sir: we aoknouleagereo 1942, wherein rou request en the r0ii0wing raot8 and quo6 the &&t-or-way or the ditch obstructs the owner? iiBml!Ee that Honorable Joe Fultz, Page 2 right-or-way is In the property owner, would the umwer be the mm. ‘%OUPtr latsrcil roads are all lined with drainage ditohes on both sidea. The roads are Oonstrusted end maintained by Crimea County, the *itohm being perlodicelly graded and aleaned, The right-of-ways are all owned by Grimes County. IQ order to get aeroas the drainage dltoher to the land adjoining the ri@t-of-way, oulverts and dltohes must bs built. The bridges being wholly on the right-Of-wry, the bridge6 llka- wise woilld be located wholly on the right-of- Way. 130 agreement exists hstween the land- omtws who abut the rights-or-way in &imea County. Grimes County refusea to cons~truot the bridgea. Foe simple title to the ri,#t- or-way 1.6 in Grlmea county. whose reaponalbillty la it to oonetruot bridgea over drainage ditohes, whioh lie tiolly on the rights-or-wayin Griwea county, where euch bridges are neorsaery to reach property ebuttlng the right-of-way? “A hlghway drainage ditoh, 5 feet in depth, rum parall@ with the roedwey and is situated on the right-or-way oi state Eighhnay HO. 90, outside the limits of any inoorporated oity. ,The right-of-way and ditoh is graded and malntalned exolusirely by the “tat6 Bighway Departwont. The ree simple title of the right-or-way is in the .mw or Tmta8. The landowner ha8 e lot ol lend, oontainlng one-halt eare, adjoining the rl&t-Of- way, and he oanuot reaoh his land beoeusa thrrs is no bridge ovar the ditoh. *The ditch being wholly on the right-of-way of the State, Grlms County has disolaimed rce- possibility ror construction of the brldgb. The State Highway Dcpertment has also Elsclaimd roe- ponaibillty. Tbers is no eontrsotual obligatim between any 0r the intersstied parties. -YIhose reaponel.bllity i0 it to oonatruot a bridge over a drainage ditob loaated wholly on the rlgbt-of-way 0r a rtste RUtmay?” 27 Bonorabla Joa Fulte, rega 3 Aaoees to and rroo a olty street, a oounty road or %ate Hf.&way ia a right appurtenant to the abutting owner, whsther the tee to mid straet or road or highway la In the olty, oounty or stat. or privately owned. Yihere the Ttste, County or City has out a ditsh along any property the adjoining land owner has the prlvllaga oi and right to construot and melntaln all naooaeary brldgaa or culverts aorom aeme to enable hlat to have Ingram end agree8 to his land. or 00umo under some 5pcolri0 ra0t altuatlons, where it could ba d~:~oerned that aithbr the fteta, the oounty, or the olty here destroyed or lapelred suoh right of aosaas, the abutting owner Eight have an aotlon in damages against the Ctate, oounty or olty, aa the oeae may ba. Trzstlng tat tha formgoing fully anmera your Inquiry, wa are Yourta very truly