Polsinelli attorneys are keenly aware that for a client’s project concept to become reality, local and state approvals are not only required, but also must be in a form that makes the project feasible. We also recognize that unreasonable or overly restrictive zoning, permitting or subdivision requirements are often the difference between a project moving forward or remaining a concept. 

Realizing the impact these challenges present to our clients’ businesses, our lawyers are committed to being well versed in local requirements and state-enabling legislation that local communities must adhere to in developing their projects. We also have extensive experience in dealing with state and local decision makers, which enhances our ability to navigate zoning and land use issues on behalf of our clients. In addition, many of our lawyers  have backgrounds that include years of governmental service, allowing them to address our clients’ needs from a unique and valuable perspective. 

We use our firm grasp of zoning and land use, as well as our deep experience in the industry to provide our clients with practical legal advice that meets the individual business objectives of our clients.

The developers we service need a strong advocate to navigate the challenging waters of the land use process. Whether at the podium or the negotiating table, Polsinelli stands ready to be part of these teams.

Publications
Texas Multifamily Revolution: Governor Abbott Considers Texas Senate Bill That Could Transform Zoning for Mixed-Use Residential / Multifamily Developments
Update 6/23/25: Governor Abbott signed SB 840 into law on 6/20/25. The bill is set to become effective on 9/1/25. Introduction to Texas Senate Bill SB 840 To combat the housing shortage in Texas, the Texas Senate introduced Bill C.S.S.B. 840 (SB 840 or the bill) in April 2025. The purpose of the bill is to streamline the conversion of non-residential buildings and raw land to mixed-use residential or multifamily use. The Texas Senate and House passed the bill on a bipartisan basis, and it was sent to the Governor’s office on May 28, 2025. If SB 840 is executed by the Governor, or if the Governor fails to take any action by June 22, 2025, SB 840 is set to become effective
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SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees
In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in additional litigation, stricter judicial scrutiny surrounding the constitutionality of legislative land-use conditions and a potential revaluation of whether and how local governments assess impact fees. Under the Fifth Amendment of the U.S. Constitution, the Takings Clause prohibits the taking of private property for public use without just compensation. The Supreme Court has held that this applies not just to physical takings through eminent domain, but also to the imposition of conditions to the issuance of permits, including, in some cases, the imposition of fees. In a
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