Sec. 21.0111. DISCLOSURE OF CERTAIN INFORMATION REQUIRED; INITIAL OFFER. (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.
(b) A property owner shall disclose to the entity seeking to acquire the property any and all current and existing appraisal reports produced or acquired by the property owner relating specifically to the owner's property and used in determining the owner's opinion of value. Such disclosure shall take place not later than the earlier of:
(1) the 10th day after the date of receipt of an appraisal report; or
(2) the third business day before the date of a special commissioner's hearing if an appraisal report is to be used at the hearing.
(c) An entity seeking to acquire property that the entity is authorized to obtain through the use of eminent domain may not include a confidentiality provision in an offer or agreement to acquire the property. The entity shall inform the owner of the property that the owner has the right to:
(1) discuss any offer or agreement regarding the entity's acquisition of the property with others; or
(2) keep the offer or agreement confidential, unless the offer or agreement is subject to Chapter 552, Government Code.
(d) A subsequent bona fide purchaser for value from the acquiring entity may conclusively presume that the requirement of this section has been met. This section does not apply to acquisitions of real property for which an entity does not have eminent domain authority.
Added by Acts 1995, 74th Leg., ch. 566, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 7, eff. September 1, 2011.
Section: Previous 21.001 21.002 21.003 21.011 21.0111 21.0112 21.0113 21.012 21.0121 21.013 21.014 21.015 21.016 21.017 21.018 NextLast modified: September 28, 2016