81R5193 PMO-D
By: Burnam H.B. No. 1534
A BILL TO BE ENTITLED
AN ACT
relating to the property valuation information required to be
provided regarding property to be acquired by eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 21.011 and 21.0111, Property Code, are
amended to read as follows:
Sec. 21.011. STANDARD PROCEDURE. Exercise of the eminent
domain authority in all cases is governed by Sections 21.0111
[21.012] through 21.016 [of this code].
Sec. 21.0111. [DISCLOSURE OF] INFORMATION REQUIRED TO BE
PROVIDED. (a) This section applies only to:
(1) a governmental entity with eminent domain
authority that acquires property for public use; and
(2) a person with eminent domain authority that
produces, gathers, transports, distributes, or sells natural gas.
(a-1) A person to whom this section applies [A governmental
entity with eminent domain authority] that wants to use eminent
domain authority to acquire real property [for a public use] shall
provide, by certified mail, return receipt requested, [disclose] to
the property owner at the time an offer to purchase or lease the
property is made a copy of any and all existing appraisal reports
produced or acquired by the person [governmental entity] relating
specifically to the owner's property and used in determining the
final valuation offer.
(b) A property owner shall provide [disclose] to the
acquiring person a copy of [governmental entity] any and all
existing appraisal reports produced or acquired by the property
owner relating specifically to the owner's property and used in
determining the owner's opinion of value. The property owner [Such
disclosure] shall provide each copy [take place] within 10 days of
receipt of appraisal reports but no later than 10 days prior to the
special commissioner's hearing.
(c) The initial offer to purchase made by the acquiring
person must also include:
(1) a copy of this section;
(2) a written estimate of:
(A) the fair market value of the property the
acquiring person is offering to acquire or lease; and
(B) the amount of damages to the property owner's
remaining property, if any, that will result from the acquisition
or lease; and
(3) a statement that the property owner has a right to
make a written request to the acquiring person for:
(A) an appraisal of the property, at the
acquiring person's expense; and
(B) information described by Subsection (d)
regarding transactions involving the acquiring person for property
the acquiring person intends to use for a similar purpose.
(d) On a property owner's written request, the acquiring
person shall disclose each appraisal report completed, offer to
purchase or lease made, and negotiated purchase or lease price paid
by the acquiring person for property acquired or leased by the
acquiring person:
(1) for a purpose related to the purpose for which the
acquiring person seeks to acquire or lease the property owner's
property; and
(2) that is adjacent to the property owner's property.
(e) A subsequent bona fide purchaser for value from the
acquiring person [governmental entity] may conclusively presume
that the requirement of this section has been met. This section
does not apply to acquisitions of real property for which an
acquiring person [a governmental entity] does not have eminent
domain authority.
SECTION 2. This Act takes effect September 1, 2009.