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.