BILL ANALYSIS Senate Research Center S.B. 291 89R1256 PRL-D By: Schwertner State Affairs 3/13/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, an entity using eminent domain authority is required to disclose, at the time an offer to purchase property is made, any and all appraisal reports produced or acquired by the entity relating to the landowner's property and prepared in the 10 years preceding the date of the offer. Landowners who receive an offer from a condemning entity benefit from access to the same appraisals possessed by the condemning entity because landowners are better able to assess the fairness of the offer. However, there is no enforcement mechanism to ensure condemning entities provide these appraisals to landowners. S.B. 291 provides that mechanism by holding the condemning entity liable for the attorneys fees incurred by the owner to obtain the disclosure of appraisal reports. As proposed, S.B. 291 amends current law 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. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 21.0111(a), Property Code, as follows: (a) Provides that an entity with eminent domain authority that wants to acquire real property for public use that fails to meet the requirements of this subsection is liable to the owner of that property for reasonable attorney's fees incurred by the owner in connection with the entity's acquisition of the owner's property. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 291
89R1256 PRL-D By: Schwertner
State Affairs
3/13/2025
As Filed
Senate Research Center
S.B. 291
89R1256 PRL-D
By: Schwertner
State Affairs
3/13/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, an entity using eminent domain authority is required to disclose, at the time an offer to purchase property is made, any and all appraisal reports produced or acquired by the entity relating to the landowner's property and prepared in the 10 years preceding the date of the offer.
Landowners who receive an offer from a condemning entity benefit from access to the same appraisals possessed by the condemning entity because landowners are better able to assess the fairness of the offer. However, there is no enforcement mechanism to ensure condemning entities provide these appraisals to landowners. S.B. 291 provides that mechanism by holding the condemning entity liable for the attorneys fees incurred by the owner to obtain the disclosure of appraisal reports.
As proposed, S.B. 291 amends current law 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.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 21.0111(a), Property Code, as follows:
(a) Provides that an entity with eminent domain authority that wants to acquire real property for public use that fails to meet the requirements of this subsection is liable to the owner of that property for reasonable attorney's fees incurred by the owner in connection with the entity's acquisition of the owner's property.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.