Allison Elko of Bell Nunnally & Martin. Courtesy photo Cities Fight to Keep 'ETJ': A Look at the Litigation Over Senate Bill 2038
"While the court considers the declaratory judgment action, municipalities are rejecting petitions from residents and landowners," writes Allison Elko of Bell Nunnally & Martin.
March 08, 2024 at 10:00 AM
5 minute read
Real Estate
Landowners and developers anxious to withdraw from a municipality's extraterritorial jurisdiction (ETJ) are filing petitions with municipalities across Texas in the wake of the enactment of Senate Bill 2038, which became effective Sept. 1, 2023, and was codified as Subchapter D of Chapter 42 of the Texas Local Government Code. Cities and towns may welcome the retreat in some cases, but disputes are brewing along gateway tracts and key boundaries where landowners and developers may face a fight.
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