CHAPTER 317. ABANDONMENT OF COUNTY PARKS - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES

SUBTITLE B. COUNTY PARKS AND OTHER RECREATIONAL AND CULTURAL

RESOURCES

CHAPTER 317. ABANDONMENT OF COUNTY PARKS

Sec. 317.001. HEARING. On the application of any person, the

commissioners court of a county shall hold a hearing to determine

if land dedicated as a county park is undesirable for park

purposes and if the park should be closed and abandoned. The

commissioners court may conduct such a hearing on its own motion.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 317.002. NOTICE OF HEARING. (a) Notice of the time and

place of the hearing shall be published in a newspaper published

in the county. The notice must be in English and must be

published once a week for three consecutive weeks before the

hearing, with the first publication appearing before the 21st day

before the date of the hearing.

(b) If no newspaper is published in the county, the

commissioners court shall post the notice at the courthouse door.

The notice must remain posted for at least 21 consecutive days

preceding the date of the hearing.

(c) The notice must:

(1) contain a brief description of the land;

(2) state that at the hearing the commissioners court will

determine whether the park should be closed and abandoned; and

(3) direct all interested persons desiring to protest the

closing and abandonment to appear at the time and place of the

hearing.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 317.003. ACTION AT HEARING. (a) At the hearing, the

commissioners court shall:

(1) hear evidence as to whether the land is desirable for park

purposes; and

(2) make a full investigation as to whether the public interest

would be better served by the retention and maintenance of the

land as a county park or by the closing and abandonment of the

park.

(b) After the hearing, the commissioners court shall enter in

its minutes an order retaining the park or abandoning and closing

the park, according to its determination as to the best public

interest.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 317.004. EFFECT OF ABANDONMENT. (a) If the commissioners

court orders that the park be closed and abandoned, the

dedication of the land for that purpose expires, and the owner of

the land holds fee simple title unencumbered by the dedication.

(b) To be vested with an unencumbered title under this section,

the owner of the land must pay to the state and each political

subdivision any taxes due on the land at the time the land was

conveyed to the county for park purposes.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.