Section 11: Negotiation Contacts and Reports (for State)

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Procedure

Pursuant to Section 21.0111 of the Texas Property Code, the initial offer must be sent by certified mail, return receipt requested. Subsequently, the personal negotiation contact usually consists of more than one meeting with a property owner. During the negotiation contact:

  • present, if necessary, a copy of the initial offer letter previously sent by certified mail, return receipt requested;
  • 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; and
  • have property owner sign Acknowledgment of Receipt of Appraisal Report if the Acknowledgment previously sent with the initial offer letter, via certified mail, was not executed and returned by the owner.

Keep negotiation reports, covering each contact with property owners, in the acquisition file. These reports:

  • 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 Program Office in Austin is not required except for parcels referred for ED action.

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