Legal Services

	"A private landowner in the county has some property located along the main highway through the county. The property has fallen into disrepair and has litter and debris everywhere. It's an eyesore! What can the county do about it?"

May the county enter private property to remove litter?

Yes, under certain circumstances. Section 365.034 of the Health and Safety Code authorizes the commissioners court to issue an order prohibiting accumulation of litter for more than 30 days on a person's property located within 50 feet of a public highway in the county, provide removal and disposition of litter accumulated near a highway in violation of the order, and provide for assessment of removal costs against the property. The commissioners court is required to send the record owner of the property a notice by certified mail before taking any action. For more information, see our publication Short Answers to Common Questions: Keeping the County Scenic.