Driveway

I'd recommend the "JD Today" forum, as this is a legal matter as opposed to a survey matter. I'm sure you'll find attorneys as generous with free advice as some of my colleagues here have been with survey advice.

Without knowing the particulars...probably so. They are entrusted to protect the public right of way.
Does eliminating those two access points significantly harm the value of your land?

I'd politely request that they provide legal reference as justification and take that to an attorney.

imaudigger, post: 407847, member: 7286 wrote: Without knowing the particulars...probably so. They are entrusted to protect the public right of way.
Does eliminating those two access points significantly harm the value of your land?

I'd politely request that they provide legal reference as justification and take that to an attorney.

Yes,it will decrease the Value...

I wonder how many realtors would waive commissions when a random guy on the internet needed all kinds of advice on how to flip a piece of prime frontage real estate.

Michael harwell, post: 407844, member: 11340 wrote: We Purchased a 10 acre tract of Land border by two Roads, one County the other State..There was (1) existing Driveway and (1) previous Road leading into the Property now a abandon Road.. These 2 Driveways are on the County Road...
We applied for a Driveway Permit on the TXDOT Road and received it....
Can the County terminate both our Driveways running to the County Road? Both Driveways have Gates that have been in place for 60 Years..

Should we assume that this is that same tract of land in Comal County that you posted about in the thread linked below in which you were trying to somehow find some extra acreage to be able to meet the county subdivision regulations to divide a 10.00 acre tract into two 5.01 acre tracts?

https://surveyorconnect.com/community/threads/boundary-line.328336/

flyin solo, post: 407852, member: 8089 wrote: I wonder how many realtors would waive commissions when a random guy on the internet needed all kinds of advice on how to flip a piece of prime frontage real estate.

You are making a assumption..There are no intentions to flip this Property.. The fact is that I have already built a Cabin with Water,Septic etc.on this tract..We are planning to Build a House along the County road and want to gather information regarding a legal matter..It's that simple, no more no less. It's obvious or apparent I am on the wrong site..

Oh, excuse me. I'm a professional duckologist, and I recognized webbed footprints and quacks.

No hard feelings, whatever it is you're doing with it. But as a site devolopment guy, I seriously doubt you're as naive about this as you've let on. I also seriously doubt you'd donate the quantity of services you've successfullly elicited from licensed professionals here.

Again, I don't blame you for trying to educate yourself or trying to maximize service for cost, but I'm not going to help you. I get paid for my expertise.

Kent McMillan, post: 407853, member: 3 wrote: Should we assume that this is that same tract of land in Comal County that you posted about in the thread linked below in which you were trying to somehow find some extra acreage to be able to meet the county subdivision regulations to divide a 10.00 acre tract into two 5.01 acre tracts?

https://surveyorconnect.com/community/threads/boundary-line.328336/

flyin solo, post: 407860, member: 8089 wrote: Oh, excuse me. I'm a professional duckologist, and I recognized webbed footprints and quacks.

No hard feelings, whatever it is you're doing with it. But as a site devolopment guy, I seriously doubt you're as naive about this as you've let on. I also seriously doubt you'd donate the quantity of services you've successfullly elicited from licensed professionals here.

Again, I don't blame you for trying to educate yourself or trying to maximize service for cost, but I'm not going to help you. I get paid for my expertise.

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...

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...

You received the best advise, for free, from the first reply to this post, consult legal advise....

flyin solo, post: 407845, member: 8089 wrote: I'd recommend the "JD Today" forum, as this is a legal matter as opposed to a survey matter. I'm sure you'll find attorneys as generous with free advice as some of my colleagues here have been with survey advice.

"Free advice from attorneys." It sounds funny just saying that.

This is probably a State-specific issue and, very possibly, a County-specific issue. Thus 99.5 percent of us probably are of no possible help whatsoever. The other 0.5 percent may not check in for a couple of weeks.

I see that the 10.00 acres in question is still carried as just one tract in the Comal County GIS. Here's a view of the tract in Google Street View, the 10.00 acres being the tract on the left with the American flag draped over the sign.

I assume that the issue is not wanting lots of driveways crowding an intersection and keeping driveways to a minimum on RM 32.

@29.9410472,-98.2080474,3a,90y,119.71h,88.21t/data=!3m6!1e1!3m4!1sV-BF8O7FRsCNX1e5nkSmmg!2e0!7i13312!8i6656?hl=en"> https://www.google.com/maps/ @29.9410472,-98.2080474,3a,90y,119.71h,88.21t/data=!3m6!1e1!3m4!1sV-BF8O7FRsCNX1e5nkSmmg!2e0!7i13312!8i6656?hl=en

And that this is the presently approved driveway from RM 32:

@29.9400256,-98.2066827,3a,75y,30.35h,85.27t/data=!3m6!1e1!3m4!1sNZIb8FT_InWP53NMRcbi0g!2e0!7i13312!8i6656?hl=en"> https://www.google.com/maps/ @29.9400256,-98.2066827,3a,75y,30.35h,85.27t/data=!3m6!1e1!3m4!1sNZIb8FT_InWP53NMRcbi0g!2e0!7i13312!8i6656?hl=en

The State has the desecration to decide where and how wide entrances are to their highways.
I have seen many drives that widen and separate and go to several drives before reaching the r/w at the beginning of private property.

Along a County road it is pretty much possible to drop in the correct sized culvert and make your own drive as wide as you want, as long as you do not hinder the natural flow of runoff water and cause flooding or diversion that would cause harm in and to another property.
After saying that, some counties have drawn up volumes of rules and regulations in detail and set them in stone to be followed that are mostly contrary to what private land owners desire.

If someone is attempting to close your driveway, ask your County Commissioner and/or County Judge.

A Harris, post: 407890, member: 81 wrote: The State has the desecration to decide where and how wide entrances are to their highways.
I have seen many drives that widen and separate and go to several drives before reaching the r/w at the beginning of private property.

Along a County road it is pretty much possible to drop in the correct sized culvert and make your own drive as wide as you want, as long as you do not hinder the natural flow of runoff water and cause flooding or diversion that would cause harm in and to another property.
After saying that, some counties have drawn up volumes of rules and regulations in detail and set them in stone to be followed that are mostly contrary to what private land owners desire.

If someone is attempting to close your driveway, ask your County Commissioner and/or County Judge.

I think what the poster is complaining about is a county regulation that has been in force in Comal County since 1985. I've linked the regulations below and a simple "find" on "driveway" will locate the section that starts on Page 77. There are multiple legitimate public safety issues involved om the issuance of driveway permits on public roads. I'm sure it's just me, but I would have thought that anyone who was planning to make money buying land for development in Comal County would have familiarized himself with the applicable regulations before signing on the dotted line.

http://www.cceo.org/subdivision/documents/SubdivisionRegulations.pdf

When you want to live or invest in property in and near metro areas it is necessary to yield control their planning codes.
So glad that I am far from any metro, city or town.
It is too all too frequent that the County's reach finds a way to dig in to my pocket and/or destroy what is mine with no sense of responsibility and no compensation for my loss.
We join the tens of thousands of individuals that have given their legacy to the improvements necessary for the public welfare for pennies compared to the fortunes to those gained by inside information of where and what direction expansion is headed.

[MEDIA=youtube]ug6awxUxvMI[/MEDIA]

A Harris, post: 407897, member: 81 wrote: ..We join the tens of thousands of individuals that have given their legacy to the improvements necessary for the public welfare for pennies compared to the fortunes to those gained by inside information of where and what direction expansion is headed.

Time for the "Last Cowboy Song"

[MEDIA=youtube]GKeDcF1v_Y4[/MEDIA]

"Can the County terminate both our Driveways running to the County Road? Both Driveways have Gates that have been in place for 60 Years.."

good question. i'll have to research the state laws next monday when i get back to work.

basic answer...the county can do whatever the state law says they can and nothing more. that includes promulgating regulations.

that being said...in my 18+ years w/ the Tarrant County Department of Transportation Services (quite a BS name don't you think) i don't recall ever terminating an existing driveway access. i can imagine situations in which we would relocate a drive way for some kind of current construction project. we have denied several requested new locations based on safety factors.

also, as said previously, it is the county's obligation to maintain safe county roads, and that includes anything that supports the usage of the roadway whether it is inside a dedicated right-of-way or a prescriptive right-of-way area (i.e. ditches, bridges, driveway pipes, drainage structures, the traveled way, etc.).

Frank Shelton, post: 407902, member: 272 wrote: "Can the County terminate both our Driveways running to the County Road? Both Driveways have Gates that have been in place for 60 Years.."

good question. i'll have to research the state laws next monday when i get back to work.

What the poster isn't mentioning, though, is that he apparently applied for a new driveway permit onto the state highway, which was constructed. One of the "driveways" he describes is actually a former county road that runs across his 10.00 acres and that has been abandoned by Comal County. The other is just a pasture gate that probably predates the subdivision that created his 10.00 acres.

In other words, he has access to and from a public road. via a new, permitted (I assume) driveway and and is asking why he can't have three driveways giving access to the 10.00 acres. My guess would be that he's trying to divide the 10.00 acres into more tracts than the development regulations would allow by arguing that the 10.00 acres is actually several grandfather legal lots which don't, of course, come anywhere near meeting the minimum lot sizes for development.