Deadline for Entities to Exercise Eminent Domain Authority in Texas is Dec. 31

17 December 2012 Publication
Authors: Kristina Weber Silcocks

Texas Senate Bill 18 Requires Notice to Comptroller

The Texas Legislature in 2011 passed Senate Bill 18, which affects public and private entities authorized to exercise eminent domain in Texas. This bill requires all public and private entities with the power of eminent domain to submit a letter to the Texas Comptroller of Public Accounts stating that the entity is authorized to exercise eminent domain authority by the state and identifying the relevant provisions of law granting such authority. The letter must be sent certified mail, return receipt requested, no later than Dec. 31, 2012.

The Comptroller's Office created a web page dedicated to SB 18 compliance, which may be accessed here. This web page also lists the public and private entities that have reported their eminent domain authority to the Comptroller.

If you have any questions about compliance with Senate Bill 18 or eminent domain issues in Texas, please contact Gardere Attorney Kristina Weber Silcocks (ksilcocks@gardere.com or 512.542.7011), leader of the Firm's Condemnation/Eminent Domain Practice.

Gardere will continue to monitor eminent domain matters when the Texas Legislature meets in its 140-day regular session beginning Jan. 8, 2013.