RQ-0289-KP

Re

Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way.

Depending on the relief sought, a county could challenge a municipality’s annexation under section 43.106 of the Local Government Code in an action in quo warranto, declaratory judgment, or both.