Elements of Required “Bona Fide Offer”

An entity with eminent domain authority that wants to acquire real property for a public use
must
 make a "bona fide offer" to purchase the property from its owner voluntarily. A bona fide offer requires
all
of the following:
  • Provide a written initial offer that complies with the requirements set out in “Initial Written Offer to Purchase” above;
  • Provide a written final offer, made 30+ days after delivery of the initial offer, based on a written appraisal from a certified appraiser (final offer must be equal to or greater than the appraised amount). The
    final
    offer cannot be based on an in-house value finding by a non-certified TxDOT employee;
  • Provide with the final offer or earlier: (a) a copy of the written appraisal on which the final offer is based; (b) a copy of the deed, easement or other instrument by which the property or property right is proposed to be conveyed, along with applicable property description and special clauses, if any (e.g., easement preamble, bisection clauses or access addenda); and (c) the
    Landowner's Bill of Rights
     as prescribed by Section 21.0112 (the
    Landowner's Bill of Rights
     should be provided with the initial offer); and
  • Provide property owner at least 14 days to respond to the final offer before filing eminent domain petition.