Winning for Landowners in Court—and at the Capitol
Over the past two legislative sessions, we’ve successfully helped change unfair Texas laws to better protect landowners.
What went wrong?
In a move echoing the Party in Orwell’s 1984, Austin’s City Council rewrote history to claim taxing authority over shoreline properties long outside city limits. Originally annexed in 1891 and later submerged when the current dam was built, the properties were declared outside the City’s full-purpose taxing jurisdiction in 1986 after the City failed to provide full services. But in 2019, under political pressure, Council falsely declared these lands had always been within the City’s taxing jurisdiction. Over 300 sets of landowners sued, asserting constitutional and other legal violations. A federal appeals court ruled that the landowners had asserted valid federal claims, allowing the case to proceed. Still, the City has fought the landowners’ requests for the courts to decide whether their lands were validly annexed into the City. The City’s years-long delay tactics created the need for the Legislature to clarify that landowners—whether validly annexed or not—have the right to be disannexed when they don’t receive the same level of municipal services as other residents of a municipality.
You can read more about that here.
What have we done?
In 2023, we helped draft and secure support for Senate Bill 2038, which made it significantly easier for landowners to remove their properties from a city’s extraterritorial jurisdiction (ETJ). Hundreds of landowners have used SB 2038 to protect their properties from unjust, undemocratic municipal regulation.
Now, we’re proud to announce another major legislative victory for property owners. Senate Bill 1844, which we drafted and helped advance, was signed into law by Governor Abbott on May 28. Beginning September 1, 2025, thousands of additional Texas landowners will become eligible for disannexation from cities that fail to provide them with valuable municipal services—such as water and wastewater—offered to other residents of their city. This includes over 300 sets of our clients who own land along Lake Austin.
What SB 1844 Does
SB 1844 provides critical new protections for landowners by:
extending disannexation rights to all landowners, not just voters living in the area;
clarifying that disannexation petitions can cover any area, even a portion of a single tract, and doesn’t need to cover the entire area that was originally annexed into a city;
forcing cities to cover legal fees when they unsuccessfully challenge a disannexation petition; and
preventing a city from taxing and regulating areas that don’t receive the same level of services available elsewhere in the city.
A Broader Strategy
This win didn’t happen overnight. It was the result of coordinated efforts by a dedicated coalition:
Cobb & Johns developed the right legal framework for the bill, using lessons learned from years of battling overbearing cities;
lobbyists Drew DeBerry and Greg Macksood of Axis Strategies skillfully navigated the legislative process, securing excellent bill sponsors and bipartisan support while neutralizing threats from cities; and
HFFTS, Inc. (Homeowners for Fair Taxes and Services) provided the grassroots organization, financial backing, and persistence that powered this movement.
SB 1844 stands out as a landmark win, but it reflects a larger pattern of our firm’s legislative success in protecting landowners.
Standing Up for Property Rights
At Cobb & Johns, we represent landowners in cases involving government overreach—from forced annexation and complex real estate disputes to eminent domain and taxation challenges. SB 1844 is further proof that with a smart strategy and the right team, real change is possible.
Cobb & Johns remains committed to protecting property rights and defending clients against unjust claims. For more information, please contact us at 512-399-3150 or visit www.cobbjohns.com.
