Relating to the disclosure of appraisal reports in connection with the use of eminent domain authority.
Impact
If enacted, SB721 will amend Section 21.0111 of the Texas Property Code, specifically enhancing transparency in the eminent domain process. By requiring the disclosure of appraisal reports, the bill aims to provide property owners with more insight into the valuation being used by the acquiring entity, ultimately promoting fairer legal proceedings and protecting property owner rights. This change applies only to condemnation proceedings that commence after the bill's effective date of September 1, 2021.
Summary
Senate Bill 721 relates to the disclosure requirements for appraisal reports used in eminent domain proceedings. The bill mandates that entities seeking to acquire real property through eminent domain must disclose any current appraisal reports related to the property in question to the property owner at least three business days prior to a special commissioner's hearing. This ensures that property owners are fully informed about the basis of the entity's valuation of their property before the hearing takes place.
Sentiment
The sentiment surrounding SB721 appears to be largely supportive, as evidenced by its unanimous passage in both the Senate and House, receiving votes of 31-0 and 145-0 respectively. This reflects a bipartisan agreement on the importance of transparency in eminent domain cases, with legislators seemingly recognizing the necessity of safeguarding property owner's interests. Such consensus suggests a strong belief in the potential benefits of enhanced disclosure to ensure fairness in the property acquisition process.
Contention
While there appears to be overall support for the bill, potential points of contention may arise regarding the practical implications of implementing these disclosure requirements. Critics could argue about the administrative burden this might place on entities seeking to exercise eminent domain powers. Moreover, ensuring that property owners fully understand appraisal reports could lead to disputes over valuations, as differing interpretations may surface. Nevertheless, the bill's proponents maintain that these measures are essential for protecting property rights and ensuring due process.
Relating to the failure to disclose certain appraisal reports by an entity with eminent domain authority in connection with an offer to acquire real property.
Relating to the creation of the Cross Timbers Regional Utility Authority; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees.
Relating to the authority of an appraisal review board to direct changes in the appraisal roll and related appraisal records if a residence homestead is sold for less than the appraised value.