According to the Legislative Budget Board (LBB), SB 291 is not expected to have a significant fiscal impact on the State of Texas. The disclosure requirement for appraisal reports is not anticipated to impose substantial new costs on state agencies or entities with eminent domain authority. These entities are generally expected to comply with the bill’s requirements using existing administrative and legal resources.

Similarly, no significant fiscal implications are expected for local governments. The bill does not mandate new spending or infrastructure but instead modifies procedural requirements related to the disclosure of appraisal documents. Local entities that engage in eminent domain processes are assumed to be capable of managing any additional duties—such as compiling and providing appraisal records—within their current operational frameworks.

In essence, the fiscal implication of SB 291 is minimal, with no need for new appropriations or staffing increases. While some entities may incur minor administrative expenses to ensure compliance, these costs are not expected to materially affect budgets at the state or local level. This assessment reflects the limited scope of the bill’s provisions, focusing narrowly on transparency rather than expanding substantive operational duties.

SB 291 is a narrowly tailored reform that enhances transparency and accountability in the exercise of eminent domain in Texas. The bill builds upon existing statutory requirements that compel condemning entities to disclose relevant appraisal reports to property owners. The Committee Substitute strengthens this process by introducing a clear enforcement mechanism: if an entity fails to disclose the required appraisals, it becomes liable for the landowner’s reasonable attorney’s fees incurred specifically to obtain those disclosures.

The bill analysis highlights that while current law mandates disclosure, it lacks any practical means of enforcement. This often leaves property owners at a disadvantage, particularly when they suspect that unfavorable appraisals are being withheld. By enabling landowners to recoup legal fees incurred in securing access to information they are already entitled to, the bill reinforces procedural fairness without imposing new regulations or substantive burdens on public or private entities. The liability is limited and focused, ensuring that only entities that violate this transparency obligation are affected.

This modest but meaningful reform serves several core liberty principles. It supports private property rights by giving landowners tools to resist coercive undervaluation in eminent domain cases. It also upholds individual liberty by promoting access to information critical for informed decision-making and fair negotiation. Importantly, it adheres to limited government principles by adding no new regulatory powers—only reinforcing compliance with laws already on the books. With no significant fiscal impact to state or local governments and strong bipartisan alignment with principles of fairness, property protection, and transparency, Texas Policy Research recommends that lawmakers vote YES on SB 291.

• Individual Liberty: The bill promotes individual liberty by empowering property owners with information necessary to make informed decisions when facing a potential eminent domain action. Condemnation proceedings inherently involve a significant power imbalance between the state or authorized entities and private landowners. By mandating disclosure of all appraisal reports related to a property, the bill ensures individuals can better assess the fairness of the offer and protect their own interests. It affirms the right of individuals to access critical information in defense of their property rights.
• Personal Responsibility: While the bill places a legal obligation on condemning entities, it also expects landowners to take initiative in defending their rights. By making attorney’s fees recoverable only when used to obtain required disclosures, the law supports responsible action by property owners while discouraging frivolous litigation.
• Free Enterprise: Although the bill primarily targets governmental entities and utilities with eminent domain power, it indirectly supports free enterprise by ensuring fair market valuation practices. Confidence in property rights and fair compensation is essential for investment, development, and economic freedom. By reducing the risk of unjust valuation in condemnation cases, the bill helps maintain a healthy property market based on voluntary exchange rather than coercive acquisition.
• Private Property Rights: This principle is most directly affected. The bill enhances the integrity of the eminent domain process by holding condemning entities accountable to share all valuation data, not just selectively favorable reports. The provision for recovering attorney’s fees for failure to disclose ensures that landowners are not financially burdened when enforcing their rights. This reinforces the sanctity of private property and acts as a safeguard against unjust takings.
• Limited Government: The bill strikes a careful balance by introducing a remedy for noncompliance without expanding government authority or regulatory frameworks. It strengthens an existing legal requirement rather than creating new powers or bureaucratic procedures. In doing so, it keeps government actors within the boundaries of their lawful authority, consistent with the principle that government should be constrained and operate transparently.