| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 21.0111(a), Property Code, is amended to |
|
|
read as follows: |
|
|
(a) An entity with eminent domain authority that wants to |
|
|
acquire real property for a public use shall, by certified mail, |
|
|
return receipt requested, disclose to the property owner at the |
|
|
time an offer to purchase or lease the property is made any and all |
|
|
appraisal reports produced or acquired by the entity relating |
|
|
specifically to the owner's property and prepared in the 10 years |
|
|
preceding the date of the offer. An entity that fails to meet the |
|
|
requirements of this subsection is liable to the owner for |
|
|
reasonable attorney's fees incurred by the owner in connection with |
|
|
the entity's acquisition of the owner's property. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to the acquisition of real property in connection with an initial |
|
|
offer made under Section 21.0113, Property Code, on or after the |
|
|
effective date of this Act. An acquisition of real property in |
|
|
connection with an initial offer made under Section 21.0113, |
|
|
Property Code, before the effective date of this Act, is governed by |
|
|
the law applicable to the acquisition immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |