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    LegalEase Newsletter | FAQs by Subject

    News Article | March 25, 2025

    Road & Bridge

    LegalEase
    Legal Guidance

    "There’s a short road leading to the back entrance of a cemetery that rarely gets used. Do we have to maintain it regularly like we do for frequently used roads?"

    Must the county maintain a road leading to a cemetery if the road is not in the county road system?

    Pursuant to Transportation Code §251.057, the county is prohibited from abandoning a county road leading to a cemetery. However, the county’s decision about the frequency of maintenance of any county road is a matter of the discretion of the commissioners court. Tex. Att’y Gen. Op. No. GA-0128 (2003). For more information, see our publication Cemeteries and Pauper Burial.