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.
Summary
SB 291 requires an entity with eminent domain authority, when making an initial offer to purchase or lease real property for a public use, to disclose by certified mail all appraisal reports relating specifically to the owner’s property that were produced or acquired in the prior 10 years. The disclosure must be made at the time the offer is presented, and the bill applies to appraisal reports tied to the specific property being acquired.
If the entity fails to provide the required appraisal reports, it becomes liable for the property owner’s reasonable attorney’s fees incurred to obtain the disclosure. The bill is prospective only: it applies to initial offers made on or after the effective date, September 1, 2025, and does not alter transactions begun before that date.
Impact
The bill amends Section 21.0111 of the Texas Property Code, expanding disclosure obligations for condemning authorities and other entities with eminent domain power. It creates a statutory duty to provide relevant appraisal reports from the preceding 10 years and adds a fee-shifting remedy for noncompliance, which may increase transparency and the cost of failing to disclose in condemnation-related negotiations. The change affects property owners, governmental entities, utilities, and other entities authorized to acquire property through eminent domain.
Sentiment
The available legislative record suggests generally favorable treatment of the bill, with no recorded committee transcript opposition in the provided materials and the bill advancing through the process to a House committee report sent to Calendars. The voting history provided does not show substantive recorded yeas or nays, so there is no clear evidence of divided floor sentiment in the supplied data. Overall, the bill appears to have moved forward without documented controversy in the materials provided.
Contention
The main policy issue is whether entities with eminent domain authority should be required to disclose all property-specific appraisal reports from the prior decade at the outset of negotiations, which supporters likely view as improving fairness and transparency for property owners. Potential opponents may object to the breadth of the disclosure requirement, the 10-year lookback period, and the attorney’s-fee penalty for noncompliance, which could increase administrative burdens and litigation exposure for condemning authorities. No specific stakeholder objections are included in the provided transcripts, so the contention is inferred from the bill’s structure rather than from recorded debate.
Relating to interests in real property held or acquired by or on behalf of certain foreign individuals or entities and the authority of the attorney general to acquire the property by eminent domain; establishing the homeland security review committee; creating a criminal offense.
Relating to interests in real property held or acquired by or on behalf of certain foreign individuals or entities and the authority of the attorney general to acquire the property by eminent domain; establishing the homeland security review committee; creating a criminal offense.