(a) Petition. All owners of property abutting a public road that has been improved or altered from its natural state may petition the County to return the public road to private ownership for use as a private road. The petition shall be in the form required by the Director and shall be signed by all owners of property abutting the road.
(b) Review and notification. On receipt, the Director shall review the petition for compliance with this section. A petition that does not comply with this section shall be denied. Otherwise, the Director shall notify the petitioners that the petition is valid.
(c) Publication and posting. On receipt of a notice of validity, the petitioner shall give notice of the petition both by publication in a newspaper and by posting, as set forth in § 13-1-103(b). The notice shall specify the length, location, and termini of the petitioned road, the person to whom title will be given if approved, and the deadline and address for filing an opposition with the Director. Posting shall include signs at both ends of the petitioned road. The petitioners shall pay all costs of publication and posting.
(d) Opposition. Any person claiming a right of use or other interest in the petitioned road who opposes returning the road to private persons shall file an opposition with the Director within 30 days after the first newspaper publication or posting of the road, whichever is later. If no opposition is timely filed, the Director may proceed to decide the petition in accordance with subsection (f).
(e) Additional documentation. The Director may require additional documentation from petitioners or any opponents, including a title examination or survey. The Director also may obtain additional information from any source, including a title examination or survey, and charge or apportion the costs associated with obtaining the information to the petitioners or any opponents.
(f) Decision. Within six months after the date of the first publication, the Director shall approve or deny the petition. A petition for abandonment shall be denied if the Director determines that the road is needed for present or future public use.
(g) Referral to the County Executive. If the petition is approved, the Director shall send a recommendation to the County Executive for execution of a deed or deeds, after advertisement of the disposition as required by Local Government Code, § 10-312, of the State Code.
(1985 Code, Art. 25, § 25-4-110) (Bill No. 63-04; Bill No. 17-06)