New Eminent Domain Rule Goes Into Effect: The Landowner's Bill of Rights

February 1, 2008

Effective today, February 1, 2008, governmental bodies and private entities with eminent domain authority must follow a new procedure. 

Before a condemning authority begins negotiating with a property owner to acquire real property, the entity must provide a Landowner's Bill of Rights statement to the property owner.  The Landowner's Bill of Rights is a document intended to inform the average property owner of how the eminent domain process works.  The 2007 Texas Legislature required the Texas Attorney General to prepare the Landowner's Bill of Rights and make it available to the general public on its website.  The text of the Landowner's Bill of Rights, which the Texas Attorney General released on Thursday, January 31, 2008, can be found here.  

Governmental entities with eminent domain authority are also required to make the Landowner's Bill of Rights available on the their Internet website if technologically feasible.