§ 21-190. Private roads; acquisition of public interest in the City of Irving.

(a)

In this section, "dedication" means the explicit, written communication to the City of Irving or other governmental entity of a voluntary grant of the use of a private road to the general public.

(b)

(1)
The City of Irving as well as any other governmental entity shall not establish, acquire or receive any public interest in a private road except under the following circumstances: (i) Purchase, (ii) condemnation, (iii) dedication, or (iv) adverse possession; provided, the required time period for establishment adverse possession has already run prior to the effective date of this article, and provided further that adverse possession shall only be available to convert a private road to a public road upon the request of the City of Irving.

(2)

Once a public interest has been established in accordance with subsection (b)(1) of this section, the interest must be recorded in the plat records or the deed records of Dallas County, Texas.

(c)

For purposes of this section, neither verbal dedication nor intent to dedicate by overt act is sufficient to establish a public interest in a private road.

(d)

For purposes of this section, neither the use of a private road by the public with the permission of the owner nor the maintenance with public funds of a private road in which no public interest has been recorded as provided in subsection (b) of this section is sufficient to establish adverse possession.

(e)

For purposes of this section, the existence or establishment of a fire lane or public utility easement over or within a private road shall not be an act sufficient to convert said private road into a public road.

(f)

This section shall operate prospectively from July 18, 1985.

(Ord. No. 4729, § 1, 7-18-85)