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Property in and out of city

Posted: Tue Feb 07, 2017 9:59 am
by jmorris
A similar thread reminded me of a discussion I was having with a friend a while back. Friend has three acres that are rather long and narrow. He fronts on a road that the city has extended a tendril down but only about 100 ft either side. Obviously for tax purposes. He has been lead to believe that city laws cover his entire property*. I disagree, and say once he steps over that 100 ft he's in the county. I've been encouraging him to survey it and put up a sign saying "Leaving [city]" right on the line.

But I'm wondering if anyone on here has had this situation and can state with authority what the answer is. Speculation is fun but doesn't answer the question. ;-)

*City building inspector

Re: Property in and out of city

Posted: Tue Feb 07, 2017 10:12 am
by Archery1
If there were a line, and as a person he had one foot in the city side, he would effectively have crossed and be in that city jurisdiction. He is one undivided unit. If the land is undivided, same thing. What he would have to do is replat accordingly into two separate and distinct parcels, one in county and one in city. That would be very expensive, require approval, and depending, could render one parcel impaired by lack of size or access.

Edit to add: Thought you were more concerned with taxation issue. On the law enforcement side, which seems your main question, there are allowances for municipalities to have extraterritorial jurisdiction along their borderlines that should more than encompass a 100' line.

Re: Property in and out of city

Posted: Tue Feb 07, 2017 10:43 am
by Topbuilder
The utilities are where they got you. You will be required to tie into city utilities. Which means you will be bound by city restrictions and inspections.
I built one house in "the city", never again. A normal 3600 sq ft home that should have been 4 months drug on for 12 months due to the city inspection system. 26 inspections... they will make you pay.

Re: Property in and out of city

Posted: Tue Feb 07, 2017 12:41 pm
by OldCurlyWolf
jmorris wrote:A similar thread reminded me of a discussion I was having with a friend a while back. Friend has three acres that are rather long and narrow. He fronts on a road that the city has extended a tendril down but only about 100 ft either side. Obviously for tax purposes. He has been lead to believe that city laws cover his entire property*. I disagree, and say once he steps over that 100 ft he's in the county. I've been encouraging him to survey it and put up a sign saying "Leaving [city]" right on the line.

But I'm wondering if anyone on here has had this situation and can state with authority what the answer is. Speculation is fun but doesn't answer the question. ;-)

*City building inspector
For taxes ONLY the part that is within the strip the city annexed. As for zoning, building permits likely most or all of his property is within the city's extraterritorial jurisdiction. That means he has to obey city rules before county rules. But only for building and zoning restrictions.

A city ordinance that says no fireworks, no shooting, no hunting, etc. ad infinitum, is not effective beyond that line that the city annexed.

The situation can get quite complex, depending on how far a particular city claims extraterritorial jurisdiction and under what conditions they claim such.
BTW in general, in Texas, city police jurisdictions extends about 400 yards past the city limit. Check with Charles on that. I haven't been in LE for too many years to be sure.
:evil2:

Re: Property in and out of city

Posted: Thu Feb 09, 2017 8:06 am
by talltex
OldCurlyWolf wrote: For taxes ONLY the part that is within the strip the city annexed. As for zoning, building permits likely most or all of his property is within the city's extraterritorial jurisdiction. That means he has to obey city rules before county rules. But only for building and zoning restrictions.

A city ordinance that says no fireworks, no shooting, no hunting, etc. ad infinitum, is not effective beyond that line that the city annexed.

The situation can get quite complex, depending on how far a particular city claims extraterritorial jurisdiction and under what conditions they claim such.
BTW in general, in Texas, city police jurisdictions extends about 400 yards past the city limit. Check with Charles on that. I haven't been in LE for too many years to be sure.
:evil2:
The first part of the statement, that says city ordinances do not apply to ETJ territories is not necessarily accurate. It all depends on how the ETJ is written and approved. The ETJ can definitely establish rules concerning discharge of firearms, restrictions on certain types of businesses, fireworks and many other things...IF...it is written that way in the documents approved by the voters. The City cannot simply establish an ETJ on their own...it has to be voted on by the residents of the city as well as the persons whose property will be subject to the jurisdiction. The authorities generally handle it with common sense and if someone shoots a rattlesnake in his backyard they are not going to charge them with violating the "discharge of a firearm" ordinance. If someone is touching off 100 rounds of .223 a few hundred yards from a residential area, they will go have a talk. Our ETJ prohibits the establishment of sexually oriented businesses within the ETJ and also regulates the proximity of liquor sales within prescribed distances from schools and churches according to the state standards set by TABC applicable to all municipalities, and other items in addition to zoning and building regulations. But ALL of that has to be specifically addressed in the ETJ proposal the voters decide for or against.