Section 11: Negotiation Contacts and Reports (for State)
Anchor: #i1004641Procedure
The negotiation contact usually consists of more than one meeting with a property owner. During negotiation contact:
- present the offer letter;
- fully discuss the offer;
- answer any questions the owner has regarding the offer and acquisition;
- give the owner a right of way acquisition brochure;
- give the owner a relocation brochure;
- deliver a copy of the appraisal upon which the offer is based; and
- have property owner sign Acknowledgment of Receipt of Appraisal Report.
Keep negotiation reports, covering each contact with property owners, in District files. These reports:
- keep the District informed;
- allow for better coordination of construction plan preparation, desired letting date, and right of way progress;
- help TxDOT's attorney in ED proceedings; and
- are proof of negotiation efforts.
Immediately after each contact with a property owner, the negotiator should use Form ROW-N-94, Negotiator's Report to record:
- the date and place of contact;
- persons present;
- dollar amounts of offers made;
- counteroffers;
- reasons agreement could or could not be reached; and
- any other pertinent data.
Submission of these reports to the ROW Division is not required except for parcels referred for ED action.