Opinion No.

Honorable James M. Kuboviak Brazos County Attorney Courthouse Bryan, Texas 77803

Re: Liability of a county for buried cable damaged during widening of a road

Dear Mr. Kuboviak:

You ask the following question:

What is the liability of a county with respect to buried cable in a county right-of-way that is damaged by the county during the widening of a public road?

The question was raised by the fact that a county commissioners court, in 1979, adopted at a meeting of the court what purports to be an agreement with a telephone company that, among other things, states that the county "will in no way be…