Senate Bill 18
As required by 2011's Senate Bill 18, this report lists public and private entities claiming eminent domain authority in Texas. These entities were required to submit letters to the Comptroller’s office by certified mail, on or before December 31, 2012, stating whether they are authorized to exercise this power and listing the provisions of state law granting that authority.
Eminent domain authority is the legal right of an entity, whether governmental or non-governmental, to seize private property for public use, public safety or, in some cases, economic development, in exchange for fair and reasonable compensation to the owner. Common public uses include the installation of power, water, gas and utility lines.
Of 9,245 submissions received from entities claiming authority with provisions cited and sent by certified mail by the due date, about 81 percent were for governmental entities, with the most frequent responses coming from municipalities, utility districts, counties, water districts, housing authorities, economic development corporations and hospital districts. The remaining submissions were for non-governmental entities including water supply corporations, oil, gas and pipeline companies and electric cooperatives.
The most frequently cited legal provisions granting eminent domain authority were the Texas Water Code, Local Government Code, Texas Constitution, Texas Utility Code, Texas Property Code, Texas Transportation Code and Texas Education Code.
To facilitate the data-gathering process, the Comptroller's office developed a form to guide entities in submitting the information sought. As each letter or form, including some that were handwritten, was received, the information was manually entered into an electronic database for compilation and analysis. The original letters, forms and envelopes were scanned into an electronic document system. The Comptroller's office was not authorized to validate the applicability of the legal provisions identified, consolidate duplicate and supplemental submissions or correct any errors found.
Senate Bill 18 List Search
The Senate Bill 18 List Search allows you to view:
- submissions received by the Comptroller's office
- those submitted as required by statute: by the entity, claiming authority, with provisions cited, by December 31, 2012, and by certified mail
- submissions of specific entities
Note: This list is only a confirmation of receipt and is not verification of compliance. Entities should consult the appropriate legal counsel for verification of statutory compliance.