Initial Written Offer to Purchase

Make a prompt written offer for the full approved appraisal value to the property owner.
Section 21.0111 of 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. Include the following items in or with initial 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.
  • Statements, in bold print and in a larger font than the other portions of the offer, indicating (1) whether the compensation being offered includes damages to the remainder, if any, of the property owner's remaining property; or (2) that an appraisal of the property prepared by a certified appraiser certified to practice as a certified general appraiser under Chapter 1103 Occupations Code has been enclosed.
  • The name and telephone number of an employee representative from the acquiring entity, an employee of an affiliate providing services (ROWAPS) on behalf of that entity, or a legal representative of the entity.
  • 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, mortgagees, 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 all appraisal reports produced or acquired by TxDOT or the LPA relating specifically to the owner's property and prepared in the 10 years preceding the date of the offer.
  • The initial offer letter signed by an authorized TxDOT or LPA representative.
  • A copy of the current version of the
    Landowner's Bill of Rights
     (see
    Landowner’s Bill of Rights
    discussion above).
  • A copy of the deed, easement or other conveyance 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).
Retain copies of all signed letters in files. For LPA, promptly forward one copy of the initial offer letter to TxDOT right of way staff. See the initial offer letter templates for more information.
Templates of Initial Offer Letters
Partial Taking
Whole Taking
Partial Taking (for use when property contains petroleum tanks)
Whole Taking (for use when property contains petroleum tanks)
to Lessee (Partial Taking)
to Lessee (Whole Taking)
to Owner when there is a Lessee (Partial Taking)
to Owner when there is a Lessee (Whole Taking)
for Easements
to an Owner who also owns a Commercial Sign Structure
to an Owner whose property contains a Commercial Sign Structure owned by another party
to an Owner of a Commercial Sign Structure located on property owned by another party