This text of Texas § 402.031 (PREPARATION OF LANDOWNER'S BILL OF RIGHTS STATEMENT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Sec. 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;
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Sec. 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 Section 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.
(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 Section 21.0114 (c), Property Code, and the terms a property owner may negotiate under Section 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).