Anyone familiar with annexation law?

I posted a while back asking about authority of the city in the ETJ because a BESS developer is planning to develop the land right behind my back yard and we sit in the ETJ just a few hundred feet from city limits. I've been absolutely racking my brain with ways to stop this and it seems annexation is the most likely solution so zoning will be applied (and hopefully I'll have some influence with city council being in a smaller town). Even then I recognize the city could grant a zoning waiver.

Now I can meet the requirements of the section below if I bring in another landowner to sign the petition (we'd have 100% of registered voters (me and my wife would be only actual people living in this area) but then I need a 3rd person because of the size requirement.there are two neighboring landowners that connect to the BESS land and there's a decent chance I can get at least one to sign.

Is there anything I'm missing? I've seen some language regarding a minimum 1000 foot width but I think this may be an exception to that but I'm not entirely positive? I'll also likey speak with a lawyer but Texags knows stuff! Also for reference, all properties, including the BESS property have city services provided so there's no extra cost there for the city.

SUBCHAPTER C-4. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN 200 BY PETITION

Sec. 43.0681. AUTHORITY TO ANNEX. A municipality may annex an area with a population of less than 200 only if the following conditions are met, as applicable:
(1) the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the registered voters of the area; and
(2) if the registered voters of the area do not own more than 50 percent of the land in the area, the petition described by Subdivision (1) is signed by more than 50 percent of the owners of land in the area.

Live outside of McLendon Chisholm in Rockwall County. These newer laws were shaped a lot for us.
The only issue I see is that while y'all might vote to get annexed, the BESS may not be interested and and therefore the city would have little control

Basically I share a fence line with a general law city and even when they become home rule I would have to ask to be annexed.

How would annexing your property affect your neighbors property?

Are they currently in etj?

Yes all in the ETJ. According to that subsection it doesn't require 100% consent. So it's matter of going to the city saying "hey, this is about happen on this property, as taxpaying citizens we'd like your support in stopping it and we're willing to agree to sight a petition to annex our property which would then allow you to force this 3rd property as well". Now realistically, there's a good chance the city says sure and then still allows the development for the tax base. But at least they can place strict development requirements on them.

You are going to want to get a lawyer to weigh in. The two I have paid to speak about it and several others all agreed the spirit of the law was that if you were not annexed yet, you pretty much could prevent it by vote or removing your property from the area to be annexed.

So you would be volunteering to pay city taxes? Seems short-sighted.

They probably set up a MUD or special utility district, in which case the city would never include them in any annexation process until their bonds and paid back.

It largely depends on if the developer needs city utilities. There is no zoning in ETJ and land owners have rights. If there is enough utility capacity from either City utilities or a MUD exists and will supply water/sewer you are probably SOL.

If they do not have that LUE/commitment, and the development cannot be done on well and septic, then there is an opportunity for the city to either not extend capacity to that developer, or add major constraints in their development agreement if they plan to annex.

In most ETJ scenarios, neighbors have little to no bargaining power. That's just the double edged sword of not having those city taxes.

Hope this helps.

DevAg said:

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It largely depends on if the developer needs city utilities. There is no zoning in ETJ and land owners have rights. If there is enough utility capacity from either City utilities or a MUD exists and will supply water/sewer you are probably SOL.

If they do not have that LUE/commitment, and the development cannot be done on well and septic, then there is an opportunity for the city to either not extend capacity to that developer, or add major constraints in their development agreement if they plan to annex.

In most ETJ scenarios, neighbors have little to no bargaining power. That's just the double edged sword of not having those city taxes.

Hope this helps.

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Utilities won't be an issue for a BESS. We're putting those things in the middle of nowhere.