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Homeowner says Hays County trampled on his rights in effort to repair road

Road rage of a different type in Hays County. Wednesday some neighbors celebrated the completion of repairs made to Haschke Lane in far west Hays County to fix damage from the Memorial Weekend floods of 2015. But one neighbor believes the upgrades come at too high a price. (CBS Austin)

Road rage of a different type in Hays County. Wednesday some neighbors celebrated the completion of repairs made to Haschke Lane in far west Hays County to fix damage from the Memorial Weekend floods of 2015. But one neighbor believes the upgrades come at too high a price.

What was once a private road was upgraded to public road status and repaired and upgraded by the county. Precinct 3 Commissioner Lon Shell explains, “We believe it was extremely important and worth the time and effort it's going to take to acquire the property rights and satisfy all the legal requirements in order to make this a public road.”

But at least one homeowner doubts the county's takeover of the road is legal. Charles Cresswell says, “If you've got a private road right like I've got and it's written and it's recorded, the county can't come along and say the guy that gave you the right sold us the underlying thing so you don't have any rights."

Living on a private road can have its drawbacks. In 2016, folks along Wilbarger Creek in Bastrop County found themselves having to fix their own flood-damaged bridge. That's something neighbors on Haschke Lane won't have to worry about anymore.

Shell says, “All these citizens pay county taxes and now those county taxes will go toward the maintenance of this road just like any other citizen in the county." But Cresswell insists he paid extra for his privacy. He says, “The Constitution is clear. If the public entity -- Hays County -- wants to take my rights, which is the right to have a private road -- which I got -- they need to compensate me for it." Cresswell appears to be saying, “See you in court.”

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