Opinion No.

Honorable Homer R. Taylor Wharton County Attorney 304 Courthouse Building Wharton, Texas 77488

Re: Authority of the county to construct and maintain a bridge over a drainage ditch entirely on private land in return for a drainage easement.

Dear Mr. Taylor:

You ask:(1) Does a county have the authority to construct a bridge across a natural drain which connects private property with no public access in exchange for the acquisition of an easement for maintaining the natural drainage?(2) If so, does a county have the authority to agree to maintain said bridge in perpetuity?

It is the opinion of this…