Texas Property Code 21.025 – Production of Information by Certain Entities
(a) Notwithstanding any other law, an entity that is not subject to Chapter 552, Government Code, and is authorized by law to acquire private property through the use of eminent domain is required to produce information as provided by this section if the information is:
(1) requested by a person who owns property that is the subject of a proposed or existing eminent domain proceeding; and
(2) related to the taking of the person’s private property by the entity through the use of eminent domain.
(b) An entity described by Subsection (a) is required under this section only to produce information relating to the condemnation of the specific property owned by the requestor as described in the request. A request under this section must contain sufficient details to allow the entity to identify the specific tract of land in relation to which the information is sought.
Terms Used In Texas Property Code 21.025
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) The entity shall respond to a request in accordance with the Texas Rules of Civil Procedure as if the request was made in a matter pending before a state district court.
(d) Exceptions to disclosure provided by this chapter and the Texas Rules of Civil Procedure apply to the disclosure of information under this section.
(e) Jurisdiction to enforce the provisions of this section resides in:
(1) the court in which the condemnation was initiated; or
(2) if the condemnation proceeding has not been initiated:
(A) a court that would have jurisdiction over a proceeding to condemn the requestor’s property; or
(B) a court with eminent domain jurisdiction in the county in which the entity has its principal place of business.
(f) If the entity refuses to produce information requested in accordance with this section and the court determines that the refusal violates this section, the court may award the requestor’s reasonable attorney’s fees incurred to compel the production of the information.