Texas Government Code 402.031 – Preparation of Landowner’s Bill of Rights Statement
(a) The attorney general shall prepare a written statement that includes a bill of rights for a property owner whose real property may be acquired by a governmental or private entity through the use of the entity’s eminent domain authority under Chapter 21, Property Code.
(b) The landowner’s bill of rights must notify each property owner that the property owner has the right to:
(1) notice of the proposed acquisition of the owner’s property;
(2) a bona fide good faith effort to negotiate by the entity proposing to acquire the property;
(3) an assessment of damages to the owner that will result from the taking of the property;
(4) a hearing under Chapter 21, Property Code, including a hearing on the assessment of damages;
(5) an appeal of a judgment in a condemnation proceeding, including an appeal of an assessment of damages; and
(6) file a written complaint with the Texas Real Estate Commission under § 1101.205, Occupations Code, regarding alleged misconduct by a registered easement or right-of-way agent acting on behalf of the entity exercising eminent domain authority.
Terms Used In Texas Government Code 402.031
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The statement must include:
(1) the title, “Landowner’s Bill of Rights”; and
(2) a description of:
(A) the condemnation procedure provided by Chapter 21, Property Code;
(B) the condemning entity’s obligations to the property owner; and
(C) the property owner’s options during a condemnation, including the property owner’s right to object to and appeal an amount of damages awarded.
(c-1) The statement must also include an addendum of the terms required for an instrument of conveyance under § 21.0114(c), Property Code, and the terms a property owner may negotiate under § 21.0114(d), Property Code.
(d) The office of the attorney general shall:
(1) write the statement in plain language designed to be easily understood by the average property owner; and
(2) make the statement available on the attorney general’s Internet website.
(e) At least once every two years, the attorney general shall:
(1) evaluate the landowner’s bill of rights statement, including the addendum required by Subsection (c-1), for compliance with the requirements of this section, including the requirement under Subsection (d) that the statement be written in plain language designed to be easily understood by the average property owner; and
(2) subject to Subsection (f), make any change to the landowner’s bill of rights statement and addendum that the attorney general determines necessary to comply with the requirements of this section, including making a change to the writing style of the statement or addendum necessary to improve compliance with Subsection (d).
(f) Before making any changes to the landowner’s bill of rights statement under Subsection (e), the office of the attorney general shall:
(1) publish the proposed changes in the Texas Register; and
(2) accept public comment regarding the proposed statement for a reasonable period after the date the proposed statement is published under Subdivision (1).