Senate Bill 291 and Senate Bill 292 will further protect private property owners from the threat of eminent domain abuse by ratifying the landowners’ right to essential information early in the eminent domain process.
On Tuesday, November 12, 2024, Senator Charles Schwertner (R-Georgetown) filed two pieces of legislation to provide private property owners with greater safeguards from abuse of eminent domain authority.
“Texas has a rich history of defending private property rights, and this legislation will preserve that time-honored tradition by further safeguarding property owners from the misuse of eminent domain authority,” said Schwertner. “This is an opportunity for the legislature to provide clarity to the process and further empower Texans to make the best decision for their land and family.”
Current law requires the Attorney General to publish the Landowner’s Bill of Rights, arming property owners with the information necessary to make informed decisions when approached by a condemning entity about their property. This document currently lacks valuable information concerning existing rights related to surveying.
Schwertner’s SB 292 would add existing survey rights to the Landowner’s Bill of Rights, including: (1) a landowner’s right to negotiate survey terms and refuse access, (2) the condemnor’s ability to obtain a court order authorizing the survey, if the landowner refuses access, and (3) the condemnor’s responsibility for any actual damages arising from a survey.
SB 292 would further require those with eminent domain authority to provide landowners with timely and complete information in order to ensure a fair process. Condemning entities would be required to make two clear and separate offers in the initial offer if their acquisition includes land they seek to acquire through purchase rather than condemnation. The condemning entity must also provide the Landowner’s Bill of Rights at the time of the initial offer, not in the final stages of negotiation.
This morning, Senator Schwertner also filed SB 291 to ensure condemning entities provide landowners with legally required appraisal documents. Currently, an entity using eminent domain authority must disclose, at the time of the initial offer, any and all appraisal reports prepared within the last 10 years related to the landowner’s property. Landowners benefit from access to these appraisals because they are better able to assess the fairness of an offer. At this time, there is no enforcement mechanism if a condemning entity fails to provide these appraisals. Schwertner’s SB 291 would make a condemning entity liable to the landowner for reasonable attorneys’ fees incurred by the landowner in connection with the entity’s acquisition of the landowner’s property.
“While eminent domain is commonly used for the greater good, it’s a power that can be easily abused,” said Senator Schwertner. “Improving available information and reinforcing protections for private property owners ensures that the process is transparent and just.”
