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( " ~ ," !"-Q.. --.\!~ i1~ ~1 I;), ?;) I '1 M .:;..... - 0 eo-- , o-'L..L p~ ~ oj ~"an)1arCJs OFFICE MEMORANDUM I ~ '10: Mayor Hansen and Members of the City Council FROM: Barbara Jean Edwards City Attorney SUBJECT: DATE: ____:~"'~l1~y 24, 1980 Strip of Land Lying Between Farm Lots 15 and 16 of the Original Town of San Marcos and Between Hopkins ,Street and Belvin Street RE: The City of San Marcos has received a request that it recognize the strip of land described above and illustrated on the attached map as a public street. The attached letter further explains the request. I Streets, alleys and public ways may be established by prescription. Clear and convincing evidence is requlred. Uninterrupted use by the public of a privately owned way for a sufficiently long period of time without objection or questinr by anyone establishes a public way. If a mu~icipality uses and improves the land involved as a public street for a sufficlent period of time under a claim of right it becomes a st~eet by prescrlption. 10 McQUILLIN, MUNICIPAL CORPORATIONS 930.22 (196() A prescriptive right has been found where a city work~J a strip of land as a street, putting down gravel, clearing wLeds and putting in a sidewalk. The land had not been reL3erec for taxes for the greatest portion of time in question and had been used continuously by the public during that time. Sch_ul 'c.Z v. Shatto, 237 S.W.2d 609 (Tex.195l). To determine whether t~is strip of lana could be recognlze, as a public street you should consider: 1) How long the strip has been used as a passageway 2) How long the strip has been paved 3) Whether the strip has been rendered for taxes 4) Whether city crews have done work on the street recently 5) Whether the use of the passageway by the public has been interrupted for any period of tlme I If the facts indicate a prescriptive right, you may CSM-IOO