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February 1, 2023: Deadline for Eminent Domain Reporting (Even if You HAVEN'T Used It This Year)



January 30, 2023

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Don’t forget to submit your report to the Comptroller. Step by step instructions on how to do so are found here. Should any changes be necessary after submission, reporting entities have up to 90 days from the date of submission to report changes in previously submitted information.

If an entity does not report required information in a timely manner and does not cure its failure after notice from the Comptroller, it may be subject to a maximum penalty of $2,000 and listed as a noncompliant entity. This does not affect the entity's authority to exercise the power of eminent domain.

Under Texas Government Code, Sec. 2206.151, the eminent domain authority reporting requirements apply to public and private entities, including common carriers, authorized by the state by a general or special law to exercise the power of eminent domain. Each such entity must report the following information annually to the Texas Comptroller no later than February 1:

“(1) the name of the entity;

(2) the entity's address and public contact information;

(3) the name of the appropriate officer or other person representing the entity and that person's contact information;

(4) the type of entity;

(5) each provision of law that grants the entity eminent domain authority;

(6) the focus or scope of the eminent domain authority granted to the entity;

(7) the earliest date on which the entity had the authority to exercise the power of eminent domain;

(8) the entity's taxpayer identification number, if any;

(9) whether the entity exercised the entity's eminent domain authority in the preceding calendar year by the filing of a condemnation petition under Section 21.012, Property Code; and

(10) the entity's Internet website address or, if the entity does not operate an Internet website, contact information to enable a member of the public to obtain information from the entity.” Tex. Gov’t. Code § 2206.154. With respect to subpart 5 above, entities may refer to the Provisions List for SB 1812, which is a list of commonly cited provisions for eminent domain authority. The Provisions List can be downloaded here.

The three-month reporting period for eminent domain begins on November 1 and closes on February 1; however, reports may also be updated at any time throughout the entire year. Please note that any reports submitted prior to the November 1 opening window will update the previous year's report.

Contact us

If you have any questions about this legal alert, please contact Kate David, Shae Keefe, Russell Roden, Robert Eckels, Mike Stafford, Logan Leal, Ben Stephens or your Husch Blackwell attorney.


Katharine D. David

Office Managing Partner

Shae Keefe

Senior Counsel

Robert A. Eckels

Of Counsel

Mike Stafford

Of Counsel

Logan Leal

Senior Associate

Ben Stephens