Act Quickly To Retain Eminent Domain
Authority
By Jeff
Drummond and Kelly
Barreto
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 www.window.state.tx.us/taxinfo/taxforms/50-802.pdf.
Entities that do not submit this form or a
letter complying with the statutory provisions
will lose their eminent domain authority on
September 1, 2013.
If you have
questions about the required notice to the
Comptroller or need assistance determining the
law providing for your eminent domain authority,
Jackson Walker's Health Care Law section is
ready to help. Please contact Jeff
Drummond at jdrummond@jw.com
or Kelly Cavazos
Barreto at kbarreto@jw.com. | 
