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Practice Area

Property Litigation

Property Litigation

Property Litigation

When the government threatens your property, Texas law gives you rights worth fighting for. Cobb & Gervasi protects those rights — whether your land is tied up in a city's extraterritorial jurisdiction or caught in an improper annexation.

Texas municipal law is full of procedural traps that can stall or kill a real estate project. ETJ release petitions and disannexation petitions are two of the most consequential — and most overlooked — tools available to landowners. When a city's extraterritorial jurisdiction stands in the way of a project, or when annexation no longer serves the landowner's interests, Texas law provides mechanisms to fight back. We litigate and negotiate these disputes with cities and counties across the state, alongside the broader landscape of property rights and regulatory takings claims that affect Texas businesses.

ETJ & Municipal Boundary Disputes
  • ETJ release litigation — refusal or retraction
  • Disannexation petitions & challenges to improper annexation
  • Challenging municipal annexation authority
  • Development agreements & ETJ negotiation
  • Land use & zoning disputes with cities and counties
  • Municipal consent & development approval disputes
Property Rights & Takings
  • Pipeline & utility right-of-way disputes
  • Property rights constitutional litigation
  • State & federal appellate advocacy

"A city can tie up your property for years without ever condemning it. Know your rights before you sign — or surrender them."

Common Questions

Frequently Asked Questions

Can I sue a Texas city over impact fees on my development?

Yes. Cities can only charge impact fees within the strict limits of Chapter 395, Texas Local Government Code — the fee must rest on valid land-use assumptions and a capital improvements plan, be calculated as the statute requires, and actually fund the improvements that justify it. Fees that exceed those limits, or are tacked onto permits and utility connections without the required study, can be challenged in court. And under the U.S. Supreme Court's decision in Sheetz v. County of El Dorado (2024), an impact fee out of proportion to your project's actual impact can be attacked as an unconstitutional exaction under the Takings Clause — in state or federal court. We litigate these fights for landowners and developers.

The city is ignoring or fighting my ETJ release — can I sue?

Yes — and that is usually where the real fight is. Senate Bill 2038 makes release from a city's ETJ mandatory: as the courts have put it, a valid petition is a matter of paperwork, not permission. Many cities have denied or ignored valid petitions anyway, kept regulating released land, or tried to pull it back into the ETJ while they challenge the law. In Elliott v. City of College Station, the Texas Supreme Court sent a clear message that cities cannot simply ignore SB 2038 while it is on the books. When a city stonewalls, litigation — declaratory and injunctive relief compelling the release and stopping the city's regulation — is how the right gets enforced. We have fought and won ETJ battles against Texas cities, including a summary-judgment victory over the City of Taylor.

The city annexed my land but never provided the services it promised — can I disannex?

Yes — this is exactly what Texas Local Government Code § 43.141 is for. When a city annexes your land, it must deliver the services in its own annexation service plan: water, sanitary sewer, fire protection, road maintenance. If the city collects your taxes but fails to deliver, a majority of the area's qualified voters can petition for disannexation — and if the city refuses, you can sue to force it. That is how our clients beat the City of Taylor: annexed in 2018, five years of empty promises, a dismissive denial of their petition, and in 2025 a Williamson County district court ruled the property must be disannexed. Cities must fish or cut bait — they cannot annex land, take the tax money, and leave you without services.

These answers are general information about Texas law, not legal advice, and they may not reflect the most current legal developments. Reading them does not create an attorney-client relationship with Cobb & Gervasi PLLC — we are not your attorneys unless and until we agree in writing to represent you. Every situation is different; consult a lawyer about your specific circumstances before acting.

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