Act Quickly To Retain Eminent Domain Authority


Public and private entities in Texas that currently have the authority to exercise eminent domain — including many hospital districts, municipal hospital authorities, and county hospital authorities — will need to act quickly to keep it. This is because pursuant to Chapter 2206, Subchapter C, Government Code (as added by Senate Bill 18 in the last Regular Session of the Texas Legislature), all entities authorized by the state to exercise the power of eminent domain are required to submit to the State Comptroller a letter acknowledging that they have such power and referencing each provision of law that grants the entity such authority. The letter must be sent by December 31, 2012, via certified mail, return receipt requested, to the Comptroller of Public Accounts, P.O. Box 13942, Austin, Texas 78711.

To assist entities in providing the required information, the Comptroller has published a form that entities may submit. Such form may be located online at

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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