Montgomery County grapples with old road’s fate

Phantom Road Rises: Montgomery County Grapples with Century-Old Right-of-Way Amidst Rapid Growth

MONTGOMERY COUNTY, TX – Montgomery County officials confronted a vexing legacy issue on **May 21, 2024**, as rapid development in the region cast a spotlight on a nearly century-old, unbuilt right-of-way, unofficially known as “County Road 107” or “Old Montgomery Road.” During their Commissioners Court meeting, the fate of this “ghost road,” platted in the **1920s** and officially dedicated as a public right-of-way in **1930**, was a central topic.

The particular segment under immediate discussion spans from **Fish Creek Thoroughfare to Old Conroe Road**, an area now burgeoning with residential and commercial projects. This undeclared corridor, once a visionary plan on paper, is now a practical headache for both landowners and developers. Companies eyeing new subdivisions, such as the proposed **Pinewoods Estate**, are encountering its ghostly presence, creating unexpected legal and logistical hurdles that can stall construction and escalate costs. Many long-time property owners bought land without full awareness that a county right-of-way bisected or bordered their property, leading to significant complications for new construction or land sales.

Historically, this right-of-way was part of a larger north-south arterial plan, originally intended to be a state highway before its route was shifted decades ago by state officials. It stretches extensively across the county, from near **Conroe-Huffsmith Road** and **State Highway 242** down toward the Spring area, largely remaining as an unfulfilled promise on dusty maps.

The core of the problem lies in the fact that while the right-of-way legally exists, much of the actual road was never constructed or formally maintained by the county. This historical oversight now places a monumental financial burden on the county if it were to build out these old routes. Montgomery County Judge Mark Keough underscored the dire financial implications during the meeting. “To take on the burden of building out these old roads would cost the county tens of millions of dollars,” Keough stated, emphasizing that the onus for constructing internal infrastructure typically rests with developers within their projects.

Precinct 2 Commissioner Charlie Riley reinforced this sentiment, noting that many of these platted roads were never formally “accepted” into the county’s maintained road system. “The county never took responsibility for them,” Riley stated, “and now we’re being asked to build roads for private developments that were never part of our maintenance plan.”

Recognizing the escalating complexity of these historical rights-of-way as development intensified, the county established a “County Road 107 Committee” in **2021**. This committee was tasked with researching the legal standing and practical implications of such forgotten routes, aiming to find equitable solutions for both the county and affected property owners.

The Commissioners Court is actively exploring options, with a leading proposition being the abandonment of the county’s interest in specific, undeveloped sections of this right-of-way. This move would typically lead to the reversion of ownership to adjacent property owners, usually to the centerline of the proposed road. Such a decision would effectively remove the county’s liability for building and maintaining an incredibly expensive road primarily serving private developments. It would also empower private landowners and developers to resolve the land use issues directly, either by incorporating the space into their own holdings, acquiring the land, or jointly developing necessary access roads as part of their projects.

The May 21 discussion highlighted the delicate balance between historical planning, modern development, and fiscal responsibility. As Montgomery County continues its rapid expansion, the fate of “County Road 107” serves as a poignant reminder of the enduring impact of decisions made a century ago and the ongoing challenge of integrating past plans with present realities. Officials did not indicate a final decision date but emphasized ongoing review by the County Attorney’s office to ensure any action taken is legally sound and minimizes future liabilities.