HB2011

HB2011 adds unpaid property taxes as a reason a former owner may buy back property taken through eminent domain. The condemning entity must be responsible for paying those taxes, have received a tax bill, and have failed to pay taxes on the acquired property before the third anniversary of their due date. The right extends to the former owner’s heirs, successors or assigns. It is a right to repurchase, not an automatic return of ownership or cancellation of tax debt. Final law, Section 1.

The final text contains both a general delinquent-tax provision, Section 21.101(a)(4), and an overlapping provision expressly addressing a fee simple interest—full ownership rather than a limited interest such as an easement—in (a)(5). It does not limit the general provision to undeveloped land. Existing repurchase grounds involving canceled public uses, lack of progress or property becoming unnecessary remain in place. Property Code 21.101.

A former owner may request tax-payment information after 18 months from acquisition, no more than once annually: whether taxes are paid and, if not, the amounts, due dates and whether the entity intends in good faith to pay. The final law retains that general request provision and adds an overlapping provision for undeveloped property acquired in fee simple, with requests before the tenth anniversary. The narrower provision does not replace the general one. Existing rules require enough detail to identify the tract and a certified-mail response within 90 days. Final law, Section 3; Property Code 21.1021.

The entity generally must notify the former owner within 180 days after determining eligibility. The owner generally has 180 days from the postmark of a qualifying notice or response to express intent to repurchase. For these new tax-based grounds, the owner may express that intent before notice or information is required or provided. The entity must then offer the property interest as soon as practicable at the price it originally paid the owner; the repurchase right expires 90 days after the offer. These are different deadlines with different starting events. Final law, Sections 2 and 4.

The changes apply only to condemnation proceedings whose petitions are filed on or after September 1, 2025, and property condemned through them. Earlier proceedings and their property remain governed by prior law. Final law, Sections 5–6.