In the 70?s a road was dedicated to the public and recorded with the
county in the state of Texas.  The intent of this dedications appears
to have been done to protect the right for subdivided lots to be
accessed via an easement.  However no one every asked the county to
accept the road for maintenance so the county always classified this
road as a private road with a public easement. This is not disputed.

In the late 80?s a local municipality annexed this part of the county
and this private road was part of this annexation.  The local
municipality still claims this road is private and does not maintain
it.  However if anyone on this private road re-plats their property
for what every reason the local municipality requires right-of-way to
be given in excess of the easement that exist.

My question is two fold.  Does the definition of public mean the
property owners who are adjacent to said dedication and is it legal or
is their any president that says a local municipality can take ROW on
a road that they claim is private and never accepted by any county or
municipal government?