Legal Services

	"There's a second-class road near town that was supposed to go out to a privately-owned entertainment venue, but that project lost their funding a while back. Can the county abandon the road?"

May a commissioners court discontinue, close, or abandon a second-class road?

A commissioners court may not discontinue, close, or abandon an entire first-class or second-class road unless the road has been vacated or unused for at least three years. Transportation Code §251.051(d). The commissioners court may abandon a public road that has not been accepted into the county’s road maintenance system. Attorney General Opinion No. KP-0436 (2023). There is no "wait period" to discontinue, close, or abandon a third-class road or a portion of a first-class or second-class road under the Transportation Code. For more information, see our publication Common Road and Bridge Questions.