Search Site
Menu

A Win for Property Owners: New Texas Law Makes it Difficult for Forced Annexation

The State of Texas is a strong advocate for protecting property owners from the forced taking of land, including eminent domain, foreclosure or annexation. This year, the Texas Legislature enacted a bill that protects landowners for decades to come from forced annexation.

In 1858, Texas passed the first statute allowing incorporation of a city under its general laws. Over the years there were some amendments to the law and accompanying legislation, but there were no substantial changes until about 1963 when the Texas Legislature enacted the Municipal Annexation Act, which provided procedures for annexation and created the concept in Texas of a municipality’s “extraterritorial jurisdiction.” Since then, rural property owners threatened under the shadow of forced, unilateral annexation have fought for better protection.

At the end of the last legislative session in May 2019, House Bill 347 (“H.B. 347”) was enacted, detailing a revised set of requirements a municipality must follow in annexation proceedings. The intent of the bill is to end “forced annexation by municipalities” statewide. It is also intended to provide “property owners in all counties, regardless of population size, the same protection against forced annexation.”

House Bill 347, which is effective immediately, modifies Chapter 43 of the Local Government Code by removing the tier system that structured how annexations were handled. The prior system was convoluted, confusing and did not afford property owners many rights against forced annexation. The new statutory scheme sharply limits forced annexations in some counties and municipalities by requiring affected jurisdictions to hold a public election on the question of being annexed. All citizens are now given the right to vote on whether they want to be incorporated into the neighboring city.

“Forced annexation is when cities annex property without the approval of the people and businesses that are affected,” according to a statement made by Governor Greg Abbott before signing H.B. 347 into law. “It’s a form of taxation without representation and it will not be tolerated in Texas.”

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2021

    The Strong Firm prevails in dispositive motion regarding Texas economic loss rule resulting in dismissal of claims again party.

    Read More
  • Spring 2019

    The Strong Firm successfully forecloses first priority lien against multi-million dollar commercial asset.

    Read More
  • Spring 2021

    The Strong Firm secures writ of reentry after unlawful lockout of commercial tenant.

    Read More
  • Spring 2021

    The Strong Firm prevails in writ of mandamus proceeding involving denial of temporary restraining order to stop foreclosure sale.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2021 Award
  • Clio Client-Centered Certification

Recent Blog Posts

Happy Independence Day – We Are Open For Business

Happy Independence Day! We Are Most Certainly Open For Business! Independence Day invokes feelings of individual freedom and independence being the basis on which our great country was founded.  Over the course of the last 15 months, few things have been entirely certain.  Markets, along with the availability of workers,
Read More
Happy Independence Day – We Are Open For Business

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!   The evolution of the internet and rapid increase in access to information has changed the way we buy and sell homes. While real estate agents still serve a vital role in the process on both sides of the transaction, many buyers
Read More
Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL Texas law characterizes property acquired by spouses either community or separate property when property is acquired, and this characterization has tremendous consequences. w defines a spouse’s "separate property" as: (1) property owned or claimed by the spouse before marriage; (2) property acquired during
Read More
COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

Scams in Times of Disaster and Emergency

Scams in Times of Disaster and Emergency While Texans are generally prepared for major weather-related disasters during hurricane season from June through October, occasionally a rogue weather event, such as an artic blast, sweeps across the state causing severe and unanticipated property damage to residential and commercial properties. As individuals and
Read More
Scams in Times of Disaster and Emergency
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.
Contact us

Quick Contact Form