Attorneys working with dozens of property owners in a dispute with Taylor over the city’s rules for its extra territorial jurisdiction said a potential new state law could mean a lawsuit won’t be necessary.
“All (Taylor extraterritorial jurisdiction) property owners have to do is ask and they are out,” attorney Bill Cobb told an audience at the Taylor Public Library Monday night.
Cobb and co-counsel Chris Johns have been talking with residents for several months about a potential mass-action civil filing against the city regarding limited-growth and no-growth restrictions on Taylor’s fringes, which property owners say prevents them from selling their land at fair-market rates.
The recent passage of Senate Bill 2038 in both the upper chamber and the state House may negate any legal maneuvering because it paves the way for landowners to petition a city to leave an ETJ.
The bill awaits Gov. Greg Abbott’s signature.
Realtor Alice Duffy joined the two attorneys at the library.
Cobb, who helped with the language of SB 2038, described the measure as a well-crafted bill that “closes all loopholes that the city of Taylor could use to get around it.”
Residents in the Windy Ridge Road area have long sought a solution to what many call “local government overreach.”
The construction of the nearby $17 billion Samsung Austin Semiconductor plant has only complicated matters, many of the homeowners have said.
Cobb and Johns have said the city is “shadowing zoning” its ETJ in a municipal comprehensive plan that goes against state law. Many homeowners near Samsung claim they cannot get fair market value for their properties because of shadow zoning.
However, while the bill — if signed — is a win, Johns said the path forward will not be easy.
Residents who could opt out of the ETJ will now have to ask for utility services, including water and sewer There are only a few water-service providers in the ETJ, primarily Manville Water Supply Corp. in Coupland being one of them.
Some of the ETJ residents are in Taylor’s water coverage area, and if the city denies requests for service, Johns will ask for help from the state Public Utility Commission to move the properties out of Taylor’s coverage area and start over.
He also plans to meet with the city about progressive water infrastructure solutions.
Johns said he and Cobb will attempt to negotiate with Taylor officials, but in the end, “play ball or we’ll play with someone else.” he said.
Duffy said her phone has been busy with calls to purchase land in the ETJ since the announcement of SB 2038’s passage.
That’s a far cry from the flat market she and other agents had been dealing with. “There are actually people that want to buy land in the ETJ,” she said.
Abbott has until May 19 to either sign, let sit or veto the bill. If it becomes law, residents can begin to petition for removal from the ETJ starting Sept. 1.
Attempts to reach city officials for this story did not receive a response.
Edie Zuvanich contributed to this story.
