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Avoid the Fine; Submit your Report: Looming Deadline for Entities with the Power of Eminent Domain

Written by Kim Murphy

The 84th Legislature enacted SB 1812, the Eminent Domain Transparency bill, which requires public and private entities with eminent domain authority to report specific information to the Comptroller each year.

Those entities that have been in existence for at least 180 days on September 1, 2015, must submit an initial report no later than February 1, 2016. All other entities must submit this report by December 1, 2016.

Failure to timely submit the Annual Report will subject the entity to escalating civil penalties, inclusion on a separately maintained noncompliance list, and/or suit for collection by the attorney general.

SB 1812 requires the Comptroller’s office to collect and post the following information online:

(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 of the  Property Code; and

(10) the entity’s Internet website address or, if the entity does not operate an Internet website, contact information where the public can obtain information from the entity.

Log in to the Comptroller website and submit your Annual Report here.

For more information on SB 1812 or assistance in submitting your Annual Report, please contact Kim Murphy at kim.murphy@strasburger.com or 214.651.2155.


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