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MUNICIPAL REGULATION OF THE ETJ - Texas …
MUNICIPAL . REGULATION OF. THE ETJ. Terrence S. Welch & Robert F. Brown Brown & Hofmeister, 740 E. Campbell Road, Suite 800. Richardson, Texas 75081. (214) 747-6100. (214) 747-6111 (Facsimile). A problematic issue for many municipalities is the extent to which a city may regulate the extraterritorial jurisdiction (ETJ) which (usually) surrounds it. While issues relating to the ETJ. generally involve annexation disputes, the ETJ often poses land use problems for cities throughout Texas . The purpose of this paper is to address in a general manner annexation and the ETJ, and in particular, land use and related MUNICIPAL regulations in the ETJ. I. Introduction Prior to 1963, a Texas municipality could annex territory up to the corporate boundaries of another municipality. Since courts adhered to the first in time, first in right rule that the first to commence annexation or incorporation proceedings was entitled to complete and relate the whole action back to the date of the commencement of the actions, contests often resulted between an area attempting to incorporate and a city racing to annex that area prior to the initiation of incorporation proceedings.
MUNICIPAL REGULATION OF THE ETJ Terrence S. Welch & Robert F. Brown Brown & Hofmeister, L.L.P. 740 E. Campbell Road, Suite 800 Richardson, Texas 75081
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