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Commissioners rescind payment authorization after property‑ownership uncertainty in fence replacement

Dimmit County Commissioners Court · January 10, 2026
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Summary

After staff reported that two fence lines removed for county road work may belong to private landowners, the court voted to rescind prior payment authorization and return the item to a future agenda with clarifying documentation.

Commissioners discussed a prior change order to pay for fence reconstruction along county roads and discovered discrepancies about ownership. Staff and a commissioner reported that two fence lines that had been removed during road work may belong to private landowners rather than to the county.

A commissioner asked whether the court should rescind the prior motion to pay roughly $27,000 for replacement work until ownership and waivers were clarified. The court debated contract procedures, engineering responsibilities in construction contracts and the need for landowner authorization and waivers before counties expend funds on private property.

After discussion the court voted to rescind the payment authorization for the disputed fence change order; commissioners instructed staff to bring the item back on a future agenda with corrected wording and documentation from the county engineer and county attorney to show ownership and any waivers.

The motion to rescind was recorded, seconded and carried. Commissioners said this step avoids potential improper expenditure of county funds while allowing staff time to correct the record and, if appropriate, resubmit a properly scoped change order.