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Section 9: Negotiation Contacts and Reports (for State)

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

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

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  • allow for better coordination of construction plan preparation, desired letting date, and right of way progress;
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  • help the Office of the Attorney General to represent TxDOT in ED proceedings; and
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  • serve as 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:

Submission of these reports to the ROW Program Office is not required except for parcels referred for ED action.

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