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.
The introduction of SB291 is expected to amend Section 21.0111 of the Texas Property Code, which governs the acquisition of real property for public use. If enacted, the law will hold entities that fail to provide the required disclosures liable for reasonable attorney's fees incurred by property owners in obtaining such information. This provision is seen as a protective measure for property rights and aims to ensure that property owners are not left in the dark regarding past appraisals that could materially affect their bargaining position against entities attempting to acquire their property.
Senate Bill 291 aims to enhance transparency and accountability in the process of real property acquisition by entities with eminent domain authority. Specifically, the bill requires such entities to disclose any appraisal reports they have produced or acquired pertaining to the property that is being offered for purchase or lease. This disclosure must occur at the time the offer is made and must encompass all relevant reports generated within the previous ten years. This change is intended to ensure that property owners have access to essential information that could influence their decision-making regarding the sale or lease of their property.
The sentiment surrounding this bill appears to be largely favorable among advocates of property rights and transparency. Supporters argue that the bill empowers property owners by equipping them with pertinent information that can aid in negotiations and counter offers from government entities. Opponents, however, may express concerns about the administrative burden this could place on entities with eminent domain authority, as they now must adhere to stricter disclosure requirements, potentially complicating the acquisition process.
Notable points of contention regarding SB291 include debates over the potential for increased litigation as property owners gain new rights to challenge acquisitions based on undisclosed appraisal reports. Some legislators may worry that while the bill aims to protect property rights, it could also lead to delays in public projects or increased costs for governmental entities. The balance between property protection and efficient public service delivery remains a central theme in discussions surrounding this legislation.