Bill Caption

Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 723 would update disclosure requirements for certain condemning entities attempting to acquire real property through eminent domain and wishing to survey or examine the property for that purpose.

Required disclosures would include notifying the property owner of the condemner's responsibility for any damages arising from such an examination or survey, the owner's right to refuse to grant permission to enter or survey the property, and the condemning entity's right to sue for a court order granting authorization to examine or survey the property.

Additionally, SB 723 would require certain information to be included on a permission form provided by a condemning entity to an owner requesting an owner's permission to examine or survey the property. The bill would also proscribe rules pertaining to a condemning entity's attempt to separately acquire other property from the owner by means other than eminent domain.

Vote Recommendation Notes

SB 723 would increase transparency and strengthen property rights by a requiring a condemning entity to provide appropriate disclosures to an owner whose property they seek to take through eminent domain. 

Texas Action supports SB 723