6.3.7 Negotiations

Under Texas law, two offers must be made: an initial offer and a final offer. The Texas Property Code requires the
initial offer letter
 to be sent via certified mail, return receipt requested.
Delivery of the offer constitutes initiation of negotiations and is the principal date for determination of relocation assistance entitlements. The landowner must be given at least
30 days
 to review the initial offer.
Requirements for initial offers are:
  • Initial offers on all on-system projects may be made before environmental clearance if the project is in the UTP (DEVELOP Authority)
    and
    legal descriptions are completed;
  • State law prohibits initial offers being made prior to environmental clearance on Section 4(f) properties and property consisting of land protected under Chapter 26 of the Texas Parks and Wildlife Code (publicly owned land from a public park, recreation area, wildlife and waterfowl refuge, or any land from a historic site of national, state, or local significance as so determined by such officials; and public land that is designated and used as a park, recreation area, scientific area, wildlife refuge, or historic site; and
  • Projects outside of the UTP (PLAN Authority) will still require TTC approval as indicated in the UTP programming guidance.
A
final offer letter
 should be sent the same day, or as close as possible to the same day, as achieving environmental clearance. However, a final offer cannot be sent less than 30 days after the initial offer is sent. If a final offer letter prior to environmental clearance is desired, seek ROW Director approval.
More details concerning the negotiations process is found in TxDOT’s
ROW Acquisition Manual
.
Everyone with an ownership interest in a parcel, including all tenants, must agree to the acquisition and sign the deed.