Tex. Prop. Code Section 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.

(a-1)

An entity seeking to acquire real property through the use of eminent domain shall, not later than the third business day before the date of a special commissioner’s hearing, disclose to the property owner any and all current and existing appraisal reports produced or acquired by the entity relating specifically to the owner’s property and used in determining the entity’s opinion of value, if an appraisal report is to be used at the hearing.

(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 (Public Information), 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.
Acts 2021, 87th Leg., R.S., Ch. 54 (S.B. 721), Sec. 1, eff. September 1, 2021.

Source: Section 21.0111 — Disclosure of Certain Information Required; Initial Offer, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­21.­htm#21.­0111 (accessed Dec. 2, 2023).

21.001
Concurrent Jurisdiction
21.002
Transfer of Cases
21.003
District Court Authority
21.011
Standard Procedure
21.012
Condemnation Petition
21.013
Venue
21.014
Special Commissioners
21.015
Hearing
21.016
Notice
21.017
Alternative Pleadings
21.018
Appeal from Commissioners’ Findings
21.019
Dismissal of Condemnation Proceedings
21.020
Reinstatement of Condemnation Proceedings
21.021
Possession Pending Litigation
21.022
Authority of Courts
21.023
Disclosure of Information Required at Time of Acquisition
21.025
Production of Information by Certain Entities
21.041
Evidence
21.042
Assessment of Damages
21.043
Displacement from Dwelling or Place of Business
21.044
Damages from Temporary Possession
21.045
Title Acquired
21.046
Relocation Assistance Program
21.047
Assessment of Costs and Fees
21.048
Statement of Damages and Costs
21.049
Notice of Decision of Special Commissioners
21.061
Judgment on Commissioners’ Findings
21.062
Writ of Possession
21.063
Appeal
21.064
Injunctive Relief
21.065
Vested Interest
21.0101
Effect of Chapter on Survey Access Rights
21.101
Right of Repurchase
21.102
Notice to Previous Property Owner Required
21.103
Resale of Property
21.0111
Disclosure of Certain Information Required
21.0112
Provision of Landowner’s Bill of Rights Statement Required
21.0113
Bona Fide Offer Required
21.0114
Required Terms for Instruments of Conveyance of Certain Easements
21.0121
Condemnation to Acquire Water Rights
21.0195
Dismissal of Certain Condemnation Proceedings
21.0211
Payment of Ad Valorem Taxes
21.0421
Assessment of Damages: Groundwater Rights
21.1021
Requests for Information Regarding Condemned Property
21.1022
Limitations Period for Repurchase Right

Accessed:
Dec. 2, 2023

§ 21.0111’s source at texas​.gov