After (1) the landowner has had at least 30 days to review the initial offer and it is determined that the property interest needed cannot be acquired through negotiation (including administrative settlement), or (2) if there are title problems or environmental concerns that cannot be resolved, send to the owner, by regular U.S. mail and CMRRR, form or other form of final offer appropriate to the specific to the nature of the acquisition, such as form .

In the caption of the final offer letter, describe the property

being acquired

in such a way that it can easily be identified by the owner.

Pursuant to Section 21.0113 of the Property Code, the final offer must be at least equal to the amount of the written appraisal obtained and approved by TxDOT. An additional copy of the appraisal, upon which the final offer letter is based, should be included with the final offer.

The final offer letter should clearly state that the offer is conditioned upon the owner conveying clear title to the State. Section 21.0113 also requires that the final offer include a copy of the proposed deed, easement or other

conveyance instrument for

the property or property interest sought to be acquired, including any applicable special clauses (e.g., easement preamble, bisection clauses or access addenda).

If the property owner is an individual (and not a corporate entity), the

final offer letter should include the spouse, even if not identified on the title commitment since Texas law favors community property.

The final offer letter establishes a definite date when the offer expires. Section 21.0113 (b)(7) requires that the landowner is given at least 14 days to respond to the final offer letter before eminent domain proceedings can be filed. The letter is signed by the Right of Way (ROW) manager/supervisor or designated representative. A copy of both the initial and final offer letters and proof of delivery must be provided with the submission of form .

Do not deviate from the appropriate final offer letter except under special conditions such as unusual splits in ownership, ownership of unproven interests, and multiple ownership. To aid in preparing these letters, the following instructions and examples are guidelines to help eliminate possible misinterpretation of TxDOT's position by property owners.