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Road and Bridge seeks court guidance after finding fences and structures in county right-of-way
Summary
Road and Bridge presented cases of fences and a building encroaching into county right‑of‑way and asked commissioners for a consistent enforcement procedure; legal staff cited attorney general guidance authorizing removal if court finds hazard.
Guadalupe County Road and Bridge on June 17 asked the commissioners for guidance on handling private encroachments — including miles of fencing and at least one metal building — that extend into county road right‑of‑way. Road & Bridge officials said ad hoc responses are costly and urged a consistent, court‑backed procedure.
Road and Bridge Administrator Doug Burnside described a mile‑and‑a‑half stretch of new barbed‑wire fence pushed up to or into the county right‑of‑way on Prairie Lee, and a metal garage on Santa Ana Road that surveys show sits about seven to eight feet into the right‑of‑way. Burnside said the fence and a fallen stop sign were first reported by a resident and that some property owners had been uncooperative when staff asked them to move fences back to the property line.
County legal staff reviewed attorney general opinions and cited Transportation Code authority and an AG opinion (Wharton County advisory) indicating the commissioner’s court may order removal of objects in the county right‑of‑way when the court determines the items create a public‑safety hazard. Legal staff advised that best practice is to begin with courteous notification and an opportunity to remediate, and to document surveys and property pins; if the owner refuses and the court finds a hazard, the court may order removal and direct Road & Bridge to act. Commissioners emphasized the need for a consistent standard and a staged procedure: notice, documentation (including surveys), opportunity to remediate, and court action when necessary.
Commissioners asked Road & Bridge to draft a standard operating procedure (SOP) or ordinance that spells out the steps, including who issues notices, timing for remediation, and what happens if a property owner does not comply. Legal staff said the court can act without prior notice in cases of clear, immediate hazard but that a soft-touch approach generally gets better cooperation. Commissioners also asked that staff budget for surveys and consider the timeline and costs of enforcement; Road & Bridge and legal staff agreed to meet and return with proposed language and a recommended process for court adoption.
