Eminent Domain Reporting Reminder

Section 2206.151 of the Texas Government Code (“Section 2206.151”) requires all entities with eminent domain authority, including but not limited to community colleges, school districts, and municipalities, to report the exercise of an entity’s eminent domain authority in the preceding calendar year. The report must include the following information:

  1. the entity’s full legal name;
  2. the entity’s address and public contact information;
  3. the name and contact information of the appropriate officer, or other person, representing the entity;
  4. the type of entity;
  5. the legal provision(s) granting the entity’s eminent domain authority;
  6. the focus or scope of the eminent domain authority granted to the entity;
  7. the earliest date the entity had authority to exercise the power of eminent domain;
  8. the entity’s taxpayer identification number, if any;
  9. whether the entity exercised its eminent domain authority in the preceding calendar year by filing a condemnation petition under Section 21.012, Property Code; and
  10. the entity’s internet website address or, if the entity does not operate an internet website, contact information to enable the public to obtain information from the entity.

If an entity fails to timely submit a report pursuant to Section 2206.151, the comptroller shall provide written notice to the entity: (1) informing the entity of the entity’s violation of that section; and (2) notifying the entity that it will be subject to a $1,000 penalty if the entity does not report on or before the 30th day after the date the notice is provided. If an entity fails to cure the deficiency after receiving notice from the comptroller, the entity may ultimately be subject to a maximum penalty of $2,000 and be listed as a noncompliant entity. It is important to note that failing to report or providing a late submission of a report does not affect the entity’s eminent domain authority.

To make a report in accordance with state law, please visit the Texas Comptroller of Public Accounts website at https://comptroller.texas.gov/transparency/local/eminent-domain/#when.

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Prepared by the offices of Richard Abernathy, this article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.