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Commissioners Settle Land Dispute

By Greg Ritchie

Messenger Reporter

HOUSTON COUNTY –  Houston County Commissioners Court met Tuesday, May 28 to arbitrate a dispute between the county and a resident over a gate, alleged to be blocking a county road and hindering access to county officials and other neighbors. 

The road in question is County Road (CR) 4260 and a March request from County Attorney Daphne Session that the property owner remove a fence blocking the county road. After the gate was not removed, Session sent the property owner a letter giving them notice the issue would be taken up in commissioners court and if the order were approved, the property owner would have 10 days to remove the gate. 

The Messenger saw the letter sent, which told property owner Anna Ortego the gate was in the road’s right-of-way, and was an obstruction and hinderance to county maintenance activities and interfered with road and emergency transportation. 

Attorney William Pemberton attended the meeting to speak on Ortego’s behalf, telling the commissioners this was nothing more than a dispute with a neighbor, arguing the county had never maintained the road past the gate and asked commissioners to check the map, where he said the road ended at a dead end. 

Pemberton told commissioners Ortego’s late husband had installed the gate after a number of break-ins, trying to discourage people from coming down the road and getting on their property. He said the gate had been in place for many years and had never caused any problems. 

Precinct Three Commissioner Gene Stokes asked a former county employee to give his account and he told the court he couldn’t exactly remember when the gate was installed, but he did stop maintaining the road past the gate, since the gate was locked, but said he had performed maintenance on the road prior to that. 

Pemberton questioned several of the witnesses, before Houston County Judge Jim Lovell reminded him commissioners court is not like a trial court and each person only has a certain number of minutes to speak. He reminded those speaking about the issue this was not testimony, per se, but a discussion between those making comments and the commissioners. 

The commissioners studied the maps and Stokes made a motion to approve the order for removal of the gate. The motion passed and Ortego has until June 7 to have it removed. 

In other business, the commissioners received information about Spectrum installation of power supply cabinets for installation of fiber-based broadband connections. Commissioner Jimmy Henderson said he hoped Spectrum representatives would attend future meetings so commissioners could ask questions. Lovell agreed. 

The installation will be taking place:

CR 1545 East of FM 2022

CR 1645 North of FM 2423

CR 1890 North of CR 1880

CR 1890 East of CR 1895

CR 1895 North of CR 1890

CR 1725 South of CR 1720 

The court also received information from Texas Department of Transportation regarding overlay on Crockett Loop 304, from just west of State Highway 21 West to just east of State Highway 19 and on HWY 19 along the Crockett 304 Loop. 

Greg Ritchie can be reached at [email protected]

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