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New Texas Law Requires Entities with Condemnation Authority to Take Action or Lose Power

During its 2011 Regular Session, the Texas Legislature passed Senate Bill 18, which included a provision requiring each entity vested with the power of condemnation to provide certain information to the Texas Comptroller of Public Accounts. The information must be submitted by December 31, 2012, or the entity's power to condemn will expire.

Senate Bill 18 added Section 2206.101 to the Texas Government Code. That section requires all entities—both public and private—that are vested with the power of eminent domain to send to the Comptroller a letter stating that the entity has eminent domain authority and identifying the state law that gives the entity that authority. The information must be submitted no later than December 31, 2012, and must be sent by certified mail. If an entity does not make the required submission, then its authority to exercise the power of eminent domain expires on September 1, 2013. 

Senate Bill 18 also implemented numerous changes in the law governing the exercise of the power of condemnation. Among other things, the statute establishes specific requirements for the negotiation process, requires the disclosure of certain information to landowners from whom an entity seeks to acquire property, specifies steps entities must take to authorize and initiate condemnation proceedings, extends the condemnation timeline, and modifies the factors that can be considered in determining just compensation. 

Click here to read the full text of Senate Bill 18.

Copyright © 2020, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume II, Number 180


About this Author

J. Mark Breeding, Andrews Kurth law firm, Real Estate Attorney

Mark's practice includes representing governmental bodies, other condemning authorities and landowners in eminent domain proceedings and inverse condemnation cases. In addition, Mark represents plaintiffs and defendants in real property, construction, environmental, flooding, land use, general commercial and civil rights litigation. He provides representation for municipalities and other governmental bodies in general public law matters and represents parties to real estate litigation matters. He has served as lead counsel in more than 30 trials and 25 appellate matters in land use matters...

Frederick Junkin, Andrews Kurth Law Firm, Real Estate Attorney

Fred focuses his practice on civil litigation and appeals. His background includes litigation involving public law issues and real estate and commercial disputes.

Fred has represented clients in a wide variety of litigation involving governmental matters, including condemnation and inverse condemnation proceedings, construction disputes, election contests, zoning controversies and contract actions. He has extensive experience with regard to eminent domain law, having represented both acquiring authorities and landowners in a variety of proceedings, including acquisitions for light rail facilities, highway and road widenings, a natural gas storage facility, power line right-of-way, pipeline right-of-way, railroad right-of-way, port facilities and sports venues.

In addition to his public law practice, Fred represents private clients in real property litigation and commercial disputes.

Fred also has represented clients in connection with appellate proceedings, including the preparation of briefs and presentation of argument in appeals from judgments entered in cases handled by Andrews Kurth and the preparation of amicus curiae briefs on behalf of third parties interested in the legal issues presented in other appeals.