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Your email address will not be published.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 2022 Award
  • Clio Client-Centered Certification

Recent Blog Posts

Kelly Sullivan Joins The Strong Firm P.C. As Senior Counsel

The Strong Firm P.C. is excited to announce the addition of Kelly Sullivan to its team of experienced attorneys. Kelly adds exceptional strength to the firm’s established practice areas based on her wealth of experience in the areas of Litigation, Labor and Employment Law, Business Law and Governmental Law, Zoning
Read More
Kelly Sullivan Joins The Strong Firm P.C. As Senior Counsel

The Future of Non-Compete Agreements: Executive Order on Promoting Competition in the American Agreement

In July 2021, President Biden signed an Executive Order aiming to limit the use of restrictive covenants in employment relationships. Opening with the premise that “a fair, open, and competitive marketplace has long been a cornerstone of the American economy, while excessive market concentration threatens basic economic liberties, democratic accountability,
Read More
The Future of Non-Compete Agreements: Executive Order on Promoting Competition in the American Agreement

Estate Planning: A Sophisticated Plan for Complexities

More sophisticated estate planning may be appropriate for people that: have sufficient net worth to consider tax planning; own assets in more than one state or jurisdiction; highly prize privacy; have blended families, and/or have a history of family discord (“Complicating Factors”). In 2022, the net amount a person can have
Read More
Estate Planning: A Sophisticated Plan for Complexities

Estate Planning: A Plan for Everyone

A common misconception is that estate planning is for the wealthy, with an abundance of assets, including retirement plans, life insurance and annuities. However, the truth is that everyone over the age of 18, regardless of wealth, socioeconomic class or marital status should have a basic estate plan designed for
Read More
Estate Planning: A Plan for Everyone
  • 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