Abandoned Mobile Home
Re: Authority of a county to remove an abandoned mobile home from county right of way (RQ-0412-GA).
Submitted by Mark E. Price
San Jacinto County Criminal District Attorney
Summary, Opinion No. GA-430: Under the clear terms of the applicable statutory definition of vehicle, which expressly excludes manufactured housing, a manufactured home is not included within the scope of section 545.3051, Transportation Code. Thus a county constable is not authorized by section 545.3051 to remove abandoned manufactured homes from the right of way of a county road. A county commissioners court may order the removal of manufactured homes pursuant to its general control over county roads and its duty to keep county roads free from obstructions. Because section 545.3051 is not applicable, all questions of potential liability would be addressed by the Texas Tort Claims Act.
Texas County Progress
The Official Publication of the County Judges and Commissioners Association of Texas
