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Land Use Planning

Summaries

KP-0148
Ken Paxton

School buildings are "other residential, commercial, or industrial buildings" within the scope of subsection 388.003(b), Health and Safety Code. A court would likely find that|"other residential, commercial, or industrial buildings" within the scope of subsection 388.003(b), Health and Safety Code. A court would likely find that school buildings are

KP-0175
Ken Paxton

Tax appraisal district lacks authority to alter boundary lines or detach and annex property from school district|Procedures for detaching and annexing territory, or establishing or altering school district boundary lines

KP-0190
Ken Paxton

Extent to which the Texas Commission on Environmental Quality must consider recommendation from local government to deny a Standard Permit under Texas Clean Air Act|Extent to which the Texas Commission on Environmental Quality must consider local zoning, land use, and other ordinances on standard permitting decisions made under Health and Safety Code sections 382.05195 and 382.05198|Permitting procedure of Texas Commission on Environmental Quality pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Permitting procedure pursuant to Health and Safety Code chapter 382 and extent to which consideration must be given to local government recommendation to deny permit based on certain facts|Extent to which Texas Commission on Environmental Quality must consider recommendation from municipality to deny Standard Permit under Clean Air Act

KP-0221
Ken Paxton

Municipality's authority to impose fines and fees under Local Government Code section 43.0117(b) concerning annexation near military base|Annexations near active military base - sufficiency of ballot measure

GA-0014
Greg Abbott

Annexation of land owned by city but not contiguous with, effect on extraterritorial jurisdiction of city|Contiguous|Adjacent

GA-0107
Greg Abbott

Long Island is located within the Laguna Madre and is not "an island bordering the Gulf of Mexico"|Village of Long Island is within extraterritorial jurisdiction of City of Port Isabel and may not incorporate without the latter's consent|Long Island, Village of, is within extraterritorial jurisdiction of City of Port Isabel and may not incorporate without the latter's consent

GA-0139
Greg Abbott

Subdivision road, county's authority to accept dedication of and county's authority to remove obstruction of road not accepted for county maintenance|Road dedicated to public use but not accepted for county maintenance, owners of abutting property whose deed specifically references plat have enforceable easement in|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, county's authority to remove|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, sheriff's authority to remove

GA-0192
Greg Abbott

Outdoor advertising signs, regulation by city|Nonconforming use|Highway Beautification Act, state law implementing provisions on outdoor advertising

GA-0223
Greg Abbott

Condominium development, authority to regulate as a subdivision of land|Condominium development, county authority to regulate as a subdivision of land

GA-0230
Greg Abbott

Subdivision regulation agreement, deadlines for completing a certified subdivision regulation agreement between a county and a municipality under section 242.0015 of the Local Government Code

GA-0319
Greg Abbott

Extraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes county to construct and maintain part of road therein to the extent that county road construction standards apply\r\n\r\nSubdivision roads, Transportation Code |County authority under Transportation Code chapter 253 to construct and maintain subdivision roads in unincorporated area and assess costs to landowners\r\n\r\nExtraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes

GA-0366
Greg Abbott

Drainage charge, an interlocal contract entered into in accordance with section 242.001 or 791.011 of the Local Government Code may not authorize a county to assess on behalf of a municipality with a drainage utility system|Drainage charge, an interlocal contract between a county and a municipality may not authorize the county to assess on behalf of a municipality with a drainage utility system|Drainage charge adopted under chapter 402, Local Government Code, is not a "regulation[] related to plats, subdivision construction plans, and subdivisions of land as authorized by . . . [a statute] applicable to municipalities and counties that will be enforced in the extraterritorial jurisdiction" for purposes of section 242.001(d)(4)(B), Local Government Code; accordingly, a county may not assess a drainage charge under an agreement entered into in accordance with section 242.001(d)(4)(B)|Municipal drainage utility system, an interlocal contract between a county and a municipality that has adopted a may not authorize the county to assess a drainage charge on behalf of the municipality

GA-0439
Greg Abbott

Municipal building officer may rely on the engineer's seal pursuant to section 1001.402, Occupations Code and receive plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirements|Professional engineer's seal is assurance that a plan, specification, or other related document was prepared by a professional engineer|Professional engineer's seal represents that the professional engineer endeavored to conform the plan, specification, or other related document to all federal, state, and local engineering requirements|Municipal building officer may rely on the engineer's seal pursuant to section 1001.402 of Occupations Code and receive a plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirements

GA-0453
Greg Abbott

Annexation election, under chapter 130 of the Texas Education Code a junior college district may not conduct annexation election where territory includes more than one school district or county|Annexation election, under chapter 130 of Texas Education Code a junior college district may not conduct annexation election where territory includes more than one school district or county|Annexation election, under chapter 130 of Texas Education Code a junior college district may not conduct where territory includes more than one school district or county

GA-0459
Greg Abbott

Street improvement and maintenance, whether city is required to improve and maintain dedicated right-of-way in city limits to provide municipal services to annexed property|Annexed property, whether city is required to improve and maintain dedicated right-of-way in city limits to provide municipal services to annexed area|Dedication|Acceptance

GA-0478
Greg Abbott

Type A general-law city, authorization to annex in extraterritorial jurisdiction

GA-0526
Greg Abbott

Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt|Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions on|Residence restriction on sex offenders, a general-law municipality has no authority to adopt|Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adopt

GA-0577
Greg Abbott

Impact fees, assessment and collection of impact fees adopted after June 20, 1987\r\n|Adopt|Collect

GA-0594
Greg Abbott

Plat, approval by commissioners court as prerequisite for filing with county clerk|Commissioners court's approval of plat for filing with county clerk does not constitute acceptance of dedication of private roads to the public|Dedication of roads in subdivision plat not effective until accepted on behalf of public by commissioners court|Plat of subdivision outside of municipality, approval by commissioners court as prerequisite for filing with county clerk

GA-0630
Greg Abbott

Eligibility to sign protest under Local Government Code section 211.006(d)(2)

GA-0648
Greg Abbott

Fact questions cannot be answered in an attorney general opinion|Subdivision plats, authority over in county’s unincorporated area|Extraterritorial jurisdiction of city, county and city required to enter into contract authorizing one set of subdivision and platting regulations in|Construction of does not involve an abstract issue of law but an issue of law predicated upon the facts of the individual case|Subdivision plats in extraterritorial jurisdiction, municipal authority over|Technical term not defined by statute, court may interpret statute in the light of expert testimony about the particular art, science, or trade

GA-0658
Greg Abbott

Sexually oriented businesses, decisions about distance requirements between and other land uses are implicitly left to the discretion of the county but should be considered in light of any constitutional rights of such a business including rights of free speech

GA-0697
Greg Abbott

Aesthetics and maintenance of property values, home rule city may enforce against school district ordinances based upon

GA-0737
Greg Abbott

Annexation of area excepted from three-year plan requirement does not require a residence \r\nbe located on each tract |Municipal annexation plan, failure to adopt does not result in void annexation|Service plan for annexation, validity of requirement that residents pay for capital improvements is a fact question

GA-0750
Greg Abbott

City’s authority to reacquire extraterritorial jurisdiction that it previously relinquished pursuant to chapter 42 of the Local Government Code|Extraterritorial jurisdiction previously relinquished pursuant to chapter 42 of the Local Government Code, authority to reacquire

GA-0781
Greg Abbott

Water supply corporation’s authority under Water Code subsection 13.2502(a) to provide, at its discretion, water service to an applicant who meets the conditions of that subsection

GA-0795
Greg Abbott

Water districts, jurisdiction over land annexed by two districts|Jurisdiction over land that is annexed by two districts

GA-0797
Greg Abbott

Impact fees, must be refunded as provided in section 395.025 of the Local Government Code \r\n\r\nImpact fees, there is a distinction between assessment and collection of \r\n\r\nImpact fees, adoption and assessment are distinct activities\r\n\r\nAdditional or increased impact fees may not be imposed against a tract after the fees have been assessed unless the number of service units to be developed on the tract increases\r\n\r\nVested rights, developer has none under chapter 245 of the Local Government Code if project is dormant

GA-0980
Greg Abbott

City ordinance provision imposing a conditional three-year expiration period on projects, a court would likely find such an ordinance contrary to section 245.002 of the Local Government Code

GA-1007
Greg Abbott

Subdivision, a county may regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks|Subdivision, a county may generally regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks

GA-1096
Greg Abbott

Local Government Code section 43.129 - It is not possible to reliably predict whether a court would require a municipality to meet the 225,000 population requirement in subsection 43.121(a) in order to annex for limited purposes by consent under the authority granted by section 43.129.

DM-0150
Dan Morales

Port of Houston Authority, Harris County is authorized to regulate building of structures over waterways within jurisdiction of for purposes of floodplain management|Floodplain management, Harris County authorized to regulate building of structures over waterways within jurisdiction of Port of Houston Authority for purposes of

DM-0167
Dan Morales

Petition protesting zoning change, Department of Transportation may participate in as owner of real property in its right-of-way|Petition protesting zoning change, Department may participate in as owner of real property in its right-of-way

DM-0309
Dan Morales

City planning and zoning commission members, subject to conflict of interest statute|City planning and zoning commission members are local public officials within conflict of interest statute

DM-0319
Dan Morales

Capital improvements and impact fees, authority of municipality to contract to construct and charge within second municipality|Impact fees, authority of municipality to charge within another municipality|Impact fees for wastewater service, authority of municipality to charge within another municipality|Capital improvements plan, authority of municipality charging impact fee within second municipality to include area located in second municipality

DM-0373
Dan Morales

Reannexation, prior annexation followed by disannexation does not preclude

DM-0399
Dan Morales

Due process is not violated when municipal annexation causes territory to be subject to a sexually oriented business ordinance that is less stringent than county ordinance previously in effect|Sexually oriented business ordinance that is less stringent than county ordinance previously in effect, no violation of due process where municipal annexation causes territory to be subject to

DM-0410
Dan Morales

Protested proposed replat application requiring variance, three-fourths vote requirement is constitutional|Protested replat application, municipal authority must certify reasons for action taken on application only if owner requests|Supermajority vote when neighbors protest proposed replat requiring variance, three-fourths vote requirement is constitutional

DM-0485
Dan Morales

Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housing

JC-0142
John Cornyn

Building permits, capping number of residential but not number of nonresidential a home-rule municipality issues in a specified time period probably does not, as a matter of law, violate|Taking, growth-management plan of home-rule municipality that caps number of residential building permits issued in a specified period of time may constitute compensable|Growth-management plan that caps number of residential building permits issued in specified time period, home-rule municipality general may adopt|Building permits, home-rule municipality generally may limit number of residential permits issued in specified time period

JC-0260
John Cornyn

Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted despite otherwise applicable requirement|Extraterritorial jurisdiction, county authority to require revised plats of subdivisions located in|Revision of subdivision plat, county must notify by certified or registered mail, return receipt requested, all nondeveloper property owners within subdivision|Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted|County authorized to classify and define certain kinds of subdivisions that need not comply with otherwise applicable platting requirement

JC-0262
John Cornyn

Community college district, disannexation of portion of requires specific statutory authorization|Disannexation of portion of community college district requires specific statutory authorization

JC-0339
John Cornyn

Municipal utility director barred from serving as member of city planning and zoning commission by common-law doctrine of incompatibility|City delegates sovereign power to planning and zoning commission, members are public officers if|Directors are public officers; common-law doctrine of incompatibility prevents them from holding another public office

JC-0367
John Cornyn

Plat revision, county must have express authority to charge fees or costs to applicants for a|Plat, fees or costs charged by a county for applications to revise plat require express authority|Applicant for plat revision, county must have express authority to charge fees or costs to applicant

JC-0401
John Cornyn

Subdivision deed restrictions modifications instituted by property owners' association, property owner may not exclude owner's property from by filing acknowledged exclusion statement

JC-0425
John Cornyn

Project|Endeavor|Development regulations, property for which original application for first permit has been filed remains subject to those in effect at time of filing unless project changes, without regard to whether property is sold during project

JC-0485
John Cornyn

Sexually oriented business located within specified distance of church in another city, municipality may enforce ordinance against

JC-0518
John Cornyn

Consistent|Consolidated|Same legislative session, multiple amendments to same statute adopted during should be harmonized if possible|Extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to plats and subdivisions of land" within municipality's that combines municipal and county regulations and that eliminates conflicts between them|Plats and subdivisions of land within municipality's extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to" that combines municipal and county regulations and that eliminates conflicts between them