Section 21.0111 of the Property Code requires that TxDOT disclose to the landowner, by certified mail return receipt requested (CMRRR) at the time an initial offer is made, all appraisals produced or acquired by TxDOT relating to the owner's property and prepared within 10 years preceding the offer. For that reason, send the appraisal(s) and initial offer letter to the landowner by CMRRR.

Section 21.0113 also requires that the initial offer include a copy of the proposed deed, easement or other conveyance instrument for the property or property interest sought to be acquired, including the property description and any applicable special clauses (e.g., easement preamble, bisection clauses or access addenda). This section also requires specific formatting for the text in the initial offer letter. Always use the most up to date, applicable

initial offer letter form

.

The landowner is entitled to at least 30 days to review the initial offer after its delivery before TxDOT can send a final offer. See 43 TAC 21.10(h) establishing a presumed date of delivery (5 days after mailing) when no evidence is available that the initial offer was delivered to the owner or the date of its delivery.

The

Landowner's Bill of Rights

, as described in and required by Section 21.0112 of the Property Code, should be included with the initial offer letter. A copy of the most current

Landowner's Bill of Rights

can be obtained from the Texas Attorney General website or the TxDOT website. It is available in both English and Spanish.