Section 8: Landowner’s Bill of Rights and Written Offer to Purchase Required (for State)
Landowner’s Bill of Rights
Effective February 1, 2008, HB 1495 added Section 21.0112 of the Texas Property Code to require that before the condemning entity begins negotiations with an owner whose property may be acquired by eminent domain, a copy of the Texas Attorney General’s Landowner’s Bill of Rights must be provided in a particular manner. The Landowner’s Bill of Rights is available on both the Attorney General’s and TxDOT’s websites, and any copies prepared for mailing or delivery to property owners should have the exact wording from the Attorney General’s website.
The provision of the Landowner’s Bill of Rights statement as set out below, must be accomplished before the written offer is made. Specifically, the requirement is that “the entity must send by first-class mail or otherwise provide a landowner’s bill of rights statement...to the last known address of the person in whose name the property is listed on the most recent tax roll of any appropriate taxing unit authorized by law to levy property taxes against the property.” Property Code Section 21.0112(a). If the current record owner as listed in the title commitment or other advance title information obtained by the District is a name and/or address that is differernt from the name and/or address show on the tax roll records, a seperate (additional) Landowner’s Bill of Rights statement should be provided in the same manner to such record title owner at the record title owner’s address as determined by the District.
Because the bill of rights must be provided before negotiations begin, it is not considered sufficient compliance with the statute to furnish a copy of the bill of rights at the time the initial offer letter and appraisal are tendered to the property owner. Therefore, documentation should be maintained to establish that the Landowner’s Bill of Rights statement was provided prior to the beginning of negotiations. This documentation is very important, as in the event negotiations are not successful and the parcel must be acquired by condemnation, the condemnation petition must allege that the entity provided the property owner with the Landowner’s Bill of Rights in accordance with the statute. Property Code Section 21.012(b).
Anchor: #i1004543Written Offer to Purchase
Make a prompt written offer for the full just compensation amount to the property owner. Delivery of the offer constitutes initiation of negotiations and is the principal date for determination of relocation assistance entitlements. Include the following items in written offers:
- A statement of the amount offered as just compensation. In the case of partial acquisition, state separately compensation for real property and compensation for damages, if any.
- A description and location of the right of way parcel and of the type of interest to be acquired. The description and location of the parcel can be in general terms.
- An identification of buildings, structures, and other improvements considered part of the real property for which the offer is made. Identify any separately held property ownership interest (e.g., public utilities and railroads). Indicate that any such interest is not included in the offer. Generally, the owner is required to negotiate with lessees, mortgages, private easement owners and any other entity holding a real property interest. Offers to purchase are usually addressed to the real property owner. For situations where improvements are owned by a lessee, see Acquisition of Leasehold Interests (for State).
- A copy of the appraisal on which the offer is based.
- The initial offer letter signed by an authorized TxDOT representative.
Retain copies of all signed letters in District files. See the offer letters templates for more information.
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Partial Taking |
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Whole Taking |
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Partial Taking (for use when |