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This has been a fascinating and enlightening post.
I agree with the others about legal counsel.
If one gets a local Big Dog attorney to do the argument,then they may get to do anything they want to circumvent and/or alter any county or local requirements.
That’s how it works here in this part of
Louisiana. You have to have a score card to know who the players are to begin. -
Michael harwell, post: 407865, member: 11340 wrote: Believe it or not,I don’t much care…
I volunteer my time and services regularly at no cost..I encourage my guys to assist any sub-contractor that work with us at no cost, they don’t even ask me anymore they just do it..
This means loaning out our Heavy Equipment as Backhoe,Dozer etc.. It’s just good Business.I was raised this way..
My word is who I am..Unfortunately, most folks don’t carry this trait…relax, francis, i’m not indicting your character as a human being.
but give us surveyors- whose free advice you so willingly seek (again, not blaming you for doing so)- the proper credit. which is to say: we ain’t magicians or lawyers, but sometimes we actually possess some deductive skills (sort of a necessary component for the line of work). for instance, you can define the word “flip” however you like- my point being that a cursory search of your name indicates that you run a site development company in one of the fastest growing areas in probably the contiguous u.s., and that over the past decade or so you’re listed as a grantor on a whole bunch of land transactions at the comal county clerk’s office. that may be- may just barely be- why i assume (admittedly) that you spent weeks on here trying to figure out how to squeeze 10.002 acres out of your tract. there’s only three real reasons i can think of that you’d wanna do that: 1. so you can poop in a hole (but comal county ain’t gonna let that happen, so no) 2. so you can shoot some animals (guessing- since i’m not the world’s foremost hunter, that the tract in question sucks for that, being bounded on two sides by right-of-way and all). 3. subdivide.
so the most likely scenario is 3., given your history, vocation, and the particulars of this tract. now, you may well intend to reside in your little cabin and donate the other 5.001 acres and the house you’re gonna build on it to the boys and girls club (again, i don’t know you and you may be the salt of the earth- kind of a fundamental problem when seeking services and advice on the internet: nobody really knows). i’ve done jobs like that over the past 20 years. i think i’ve done 3 of them, if i recall correctly. the other 9723 situations wherein somebody approached me as a professional to render services and/or opinions on a case with similar circumstances to yours were based upon somebody attempting to turn a profit. which i have ZERO problem with.
but despite how some of my colleagues here (and i’m certainly guilty of this at times too) want to couch this as the nobility of our profession, the fact is you’re soliciting professional services for free on the internet. so that you can profit. (again- forgive me if i’m completely wrong and you’re actually downsizing and moving off the acreage where you currently reside and donating a structure and half the property to the society for wayward goats).
i think people on here have been more than generous with good advice. which is fine. some of them won’t stop. which is fine too. i, however, am not a charity. actually, i take that back: i’ve done a BUNCH of pro-bono work in the past two decades. but it was for charity, not for somebody who makes their livelihood benefitting from the services i provide.
you want my OPINION on your driveway issue? i don’t know the particular codes and statutes that apply, and don’t care, as i’m not a lawyer. but you had to apply for a permit for a reason. you want to add additional ingress/egress points near an intersection. one that is wambly in the first place, one that includes a ranch road with a speed limit over 60. if you can’t understand why you might be getting some flak from the county, there’s probably not a lawyer who would be able to help you either.
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Article å¤251.016 of the Texas Transportation Code gives Texas counties the following broad authority:
“The commissioners court of a county may exercise general control over all roads, highways, and bridges in the county.”
The Texas Local Government Code further provides that powers vested in counties may be delegated to officers of the county, which would include the County Engineer. The construction and maintenance of driveways within public roadways are therefore activities subject to the control of Commissioners Court and its officers to whom it may delegate its authority.
In the case of the pavement of the abandoned county road that is claimed to be a “driveway”, I see nothing to prohibit Comal County from sending a crew out on Monday to remove the old road pavement in the public roadway.
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One of the things we do is help our clients wade through regulations. In order to do this effectively we need to know the complete fact pattern and jurisdictions. It appears some of that has been given, some extracted and still more assumed. Given those facts you won’t get a clear answer.
If approached with some level of respect, the County will likely give you a complete and correct answer to this question. They may even sit down with you and consider alternatives. In any event they will give you the answer you have to contend with. -
Warning: Counties are most commonly found to be discriminatory in their practices. They love to dictate one set of rules for a certain party and a completely different set of rules for another party. Helps if you sit in the same pew as your local dictator every week. Sad, illegal, but true.
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Holy Cow, post: 407943, member: 50 wrote: Warning: Counties are most commonly found to be discriminatory in their practices. They love to dictate one set of rules for a certain party and a completely different set of rules for another party. Helps if you sit in the same pew as your local dictator every week. Sad, illegal, but true.
I deal with a number of County Superintendents in my day to day bi’nuss. It’s about half and half. Half are sour narrow minded simpletons; the other half are worse and impossible to deal with. The one prevailing misconception I have noticed is most feel the public R/W (in gross as per Federal & State Statute) belongs to them. They feel anything happening within that R/W should be subject to their approval. In actuality their roadway (and it’s often ignored maintenance) is their only dog in the hunt. The rest of the R/W is for the remainder of the needs (utilities) of the populous that benefit from said R/W. I usually reiterate this weekly to a few of them.
I wouldn’t sit in the same church as most of them, let alone the same pew…fear of lightning.
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paden cash, post: 407945, member: 20 wrote:
I wouldn’t sit in the same church as most of them, let alone the same pew…fear of lightning.[emoji23]
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paden cash, post: 407945, member: 20 wrote: They feel anything happening within that R/W should be subject to their approval.
But I bet they don’t require an $encroachment permit$ just to put a tripod leg on their side of the line. like I hear CalTrans does.
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