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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7415
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Hello,I am looking to purchase a tract of land in Polk County,

Customer Question

I am looking to purchase a tract of land in Polk County, Texas. The land is timber property and would be divided into parcels 10 acres and up. These parcels would still fall under timberland classification under the Texas property code. Because of this classification the code states that a plat for subdivision is not required. Polk County regulations states that a plat is required because the parcels will not have direct access or join a public road. This changes my road building requirements and cost unless they give me a variance.
Which law would apply? I want to add a private road to the property that would be maintained by the property owners.
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 4 years ago.

Actually both laws apply, but generally a local ordinance which is specific will take precedence over a state law which is general in nature. Also, the state law (it appears) doesn't specifically provide that local counties cannot pass their own regulations on the subject.
That said, we can't tell you anything that is binding on anyone, so a prudent purchaser would not buy the land until that determination is made and in writing, signed by the appropriate county zoning officials and/or the county attorney. It is their opinion and actions which should govern what you do. Good luck. I'm sure that with the right local legal assistance, you can get what you need done.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Just Answer. Your business is appreciated.


Customer: replied 4 years ago.

What does it mean when the state code says that they "may not" require a plat if the parcel is above 10 acres and falls under the timberland classification (article VIII section 1-D-1 of the Texas constitution? Is that not specific? Does "may not" mean cannot?

Customer: replied 4 years ago.

If this general answer is all you have, I want a refund. I don't need to be charged $49.95 to be told to see another attorney.

Expert:  Irwin Law replied 4 years ago.

I have opened the question to other experts who may have more detailed information.

Good luck. Please do not reply to this since that might delay your Answer.