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Subdivisions And Platting Requirements

Summaries

GA-0139
Greg Abbott

Subdivision road, county's authority to accept dedication of and county's authority to remove obstruction of road not accepted for county maintenance|Road dedicated to public use but not accepted for county maintenance, owners of abutting property whose deed specifically references plat have enforceable easement in|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, county's authority to remove|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, sheriff's authority to remove

GA-0223
Greg Abbott

Condominium development, authority to regulate as a subdivision of land|Condominium development, county authority to regulate as a subdivision of land

GA-0319
Greg Abbott

Extraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes county to construct and maintain part of road therein to the extent that county road construction standards apply\r\n\r\nSubdivision roads, Transportation Code |County authority under Transportation Code chapter 253 to construct and maintain subdivision roads in unincorporated area and assess costs to landowners\r\n\r\nExtraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes

GA-0366
Greg Abbott

Drainage charge, an interlocal contract entered into in accordance with section 242.001 or 791.011 of the Local Government Code may not authorize a county to assess on behalf of a municipality with a drainage utility system|Drainage charge, an interlocal contract between a county and a municipality may not authorize the county to assess on behalf of a municipality with a drainage utility system|Drainage charge adopted under chapter 402, Local Government Code, is not a "regulation[] related to plats, subdivision construction plans, and subdivisions of land as authorized by . . . [a statute] applicable to municipalities and counties that will be enforced in the extraterritorial jurisdiction" for purposes of section 242.001(d)(4)(B), Local Government Code; accordingly, a county may not assess a drainage charge under an agreement entered into in accordance with section 242.001(d)(4)(B)|Municipal drainage utility system, an interlocal contract between a county and a municipality that has adopted a may not authorize the county to assess a drainage charge on behalf of the municipality

GA-0439
Greg Abbott

Municipal building officer may rely on the engineer's seal pursuant to section 1001.402, Occupations Code and receive plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirements|Professional engineer's seal is assurance that a plan, specification, or other related document was prepared by a professional engineer|Professional engineer's seal represents that the professional engineer endeavored to conform the plan, specification, or other related document to all federal, state, and local engineering requirements|Municipal building officer may rely on the engineer's seal pursuant to section 1001.402 of Occupations Code and receive a plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirements

GA-0577
Greg Abbott

Impact fees, assessment and collection of impact fees adopted after June 20, 1987\r\n|Adopt|Collect

GA-0594
Greg Abbott

Plat, approval by commissioners court as prerequisite for filing with county clerk|Commissioners court's approval of plat for filing with county clerk does not constitute acceptance of dedication of private roads to the public|Dedication of roads in subdivision plat not effective until accepted on behalf of public by commissioners court|Plat of subdivision outside of municipality, approval by commissioners court as prerequisite for filing with county clerk

GA-0648
Greg Abbott

Fact questions cannot be answered in an attorney general opinion|Subdivision plats, authority over in county’s unincorporated area|Extraterritorial jurisdiction of city, county and city required to enter into contract authorizing one set of subdivision and platting regulations in|Construction of does not involve an abstract issue of law but an issue of law predicated upon the facts of the individual case|Subdivision plats in extraterritorial jurisdiction, municipal authority over|Technical term not defined by statute, court may interpret statute in the light of expert testimony about the particular art, science, or trade

GA-0781
Greg Abbott

Water supply corporation’s authority under Water Code subsection 13.2502(a) to provide, at its discretion, water service to an applicant who meets the conditions of that subsection

GA-1007
Greg Abbott

Subdivision, a county may regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks|Subdivision, a county may generally regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks

DM-0410
Dan Morales

Protested proposed replat application requiring variance, three-fourths vote requirement is constitutional|Protested replat application, municipal authority must certify reasons for action taken on application only if owner requests|Supermajority vote when neighbors protest proposed replat requiring variance, three-fourths vote requirement is constitutional

DM-0485
Dan Morales

Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housing

JC-0260
John Cornyn

Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted despite otherwise applicable requirement|Extraterritorial jurisdiction, county authority to require revised plats of subdivisions located in|Revision of subdivision plat, county must notify by certified or registered mail, return receipt requested, all nondeveloper property owners within subdivision|Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted|County authorized to classify and define certain kinds of subdivisions that need not comply with otherwise applicable platting requirement

JC-0518
John Cornyn

Consistent|Consolidated|Same legislative session, multiple amendments to same statute adopted during should be harmonized if possible|Extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to plats and subdivisions of land" within municipality's that combines municipal and county regulations and that eliminates conflicts between them|Plats and subdivisions of land within municipality's extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to" that combines municipal and county regulations and that eliminates conflicts between them