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Senate Bills 291 and 292 Could Offer New Gains for Texas Property Owners
In November, Texas Senator Charles Schwertner (R-Georgetown) introduced new legislation, Senate Bill 291 and Senate Bill 292, aiming to level the playing field to protect Texas landowner rights. These bills are designed to further safeguard private property owners by updating the Landowner’s Bill of Rights to ensure they have access to critical information early in the eminent domain process.
What’s Included in Texas Senate Bill 291?
Senate Bill 291 states that condemning authorities must pay for landowners’ attorney fees if they fail to provide landowners with all appraisal reports related to their property prepared within the past 10 years. Currently, there is no penalty if the condemning authority fails to do this. Senate Bill 291 seeks to change this by introducing enforceable accountability measures. This aims to ensure that property owners have the tools they need to assess whether or not the condemnor’s offer is fair and equitable.
What Is the Landowner’s Bill of Rights?
Texas law requires the Attorney General to publish a document called the Texas Landowner’s Bill of Rights to help property owners understand their rights when faced with a potential eminent domain case. While this document is helpful, it has notable gaps. Senate Bill 291 and Senate Bill 292 seek to address these gaps.
What’s Included in Texas Senate Bill 292?
If passed, SB 292 would add clear and comprehensive information about survey rights to the Landowner’s Bill of Rights, including:
- Landowners have the right to negotiate survey terms and refuse access onto their property
- Condemning authorities may obtain a court order authorizing survey if the landowner refuses access to their property
- Survey entities are responsible for covering damages resulted from survey
- Condemning authorities must provide landowners with the Landowner’s Bill of Rights at the start of the negotiation process
- Condemning authorities must make two distinct offers when attempting to purchase land outright before resorting to condemnation
Why Senate Bills 291 and 292 Matter
Eminent domain and condemnation can sometimes feel like an overwhelming process for property owners, but SB 291 and SB 292 would provide landowners with more information and protections to navigate the process with confidence and ensure that condemning authorities are transparent and held accountable.
The attorneys at Barron, Adler, Clough & Oddo will be closely monitoring the development of Senate Bills 291 and 292 during the Texas Senate’s 89th Legislative Session in 2025
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