Kaufman County, in an effort to settle a 130-year-old boundary disagreement with Henderson County, has filed a civil lawsuit against Henderson County in a District Court in neighboring Van Zandt County.
According to the State of Texas General Land Office (GLO)/Survey Division (survey and maps), the property in question is now, and always has been, in Henderson County. The only way a county line can be moved is by an act of the State Legislature and that action has not occurred.
Approximately, 120 residents who live in the area in question, referred to as “the Notch”, need clarification to be able to pay taxes, vote, and seek services within the county in which they live. The civil suit will also clarify road maintenance responsibilities, specifically on FM 4044 (County Line Road). Because of the ongoing county line dispute, this road is not being maintained by either county.
State law prohibits counties from expending funds in another county. To assure compliance with Texas law, the Kaufman County Commissioners’ Court in 1986 passed a resolution prohibiting the Precinct 4 County Commissioner from expending funds in the 660-acre tract along County Line Road, citing that the land belongs to Henderson County.
“Ultimately, the civil lawsuit seeks to require Henderson County to recognize, accept and support its citizens along the true, accurate and historical county line,” said Ken Cates, Precinct 4 Kaufman County Commissioner. “The misapplication of the correct county line has left Kaufman County no choice but to periodically repair County Line Road as a matter of public safety and necessity during on-again/off-again discussions with Henderson County. For 40 plus years, officials in Henderson County have failed to accept responsibility for their county area and its residents.”
Commissioner Cates said he and County Judge Hal Richards have met with the Henderson County Judge and his staff numerous times to seek a better understanding of the issue and find an amicable solution, but without resolve.
Research by Commissioner Cates and the Kaufman County District Attorney’s Office/Civil Division with and through the State of Texas General Land Office (GLO)/ Survey Division confirmed that “the Notch” and approximately 160 properties were factually located completely within Henderson County. The GLO confirmed this in writing to the Kaufman County Judge who in turn provided this determination to Henderson County Officials. Residents in area in question were also notified by mail of that determination.
Despite the written determination by the GLO that confirms that original maps of the county boundaries have never been changed, Henderson County officials refuse to accept statutory responsibility for the citizens, roads, and jurisdiction in that area. Any change in county line boundaries would have to be made through an action of the State Legislature including any changes to the State of Texas official maps of Kaufman and Henderson County.
Following the receipt of the July 14, 2021, letter of confirmation of the true and correct county line from the Texas GLO, the Kaufman County Commissioners Court ordered the removal of the impacted residents from the Kaufman County tax rolls.
“Kaufman County continues to provide voting and emergency services to ensure public safety and that no voters are disenfranchised until such time as the civil lawsuit is settled and Henderson County assumes its Constitutional responsibilities to the area,” Commissioner Cates said. “To expedite this determination, Kaufman County took the proactive step on October 28, 2021, to file the lawsuit against Henderson County urging the Court to require Henderson County to act appropriately, to recognize the long-standing true county boundary and to fully support the needs of the Henderson County citizens who reside in ‘the Notch’.”
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