Instructions and Examples for Special Circumstances:

  • In some cases, more than one person owns an interest in the property, and the percentage of each interest can be verified.
    A final offer letter may be addressed and mailed to each person individually and must clearly state that the amount being offered is for each person's individual interest. For example, assume that John Doe and Richard Roe each own a proven undivided one-half interest in a parcel valued at $1,000:
    A final offer letter may be addressed and mailed to John Doe and should state:
    “According to authorization by the Texas Transportation Commission, we hereby offer a total sum of $1,000 for the above captioned tract of land. Our records show that you own an undivided one-half interest in this parcel and, therefore, you are hereby offered the total sum of $500 for your undivided one-half interest.”
    A similar letter may be addressed and mailed to Richard Roe.
  • Or, send one final offer letter jointly to all the various owners and forward copies to each one, provided this letter shows the total amount being offered for the whole property and the amount being offered for each individual interest. Assume that John Doe and Richard Roe each own a proven undivided one-half interest in a parcel valued at $1,000:
    One letter may be addressed to all the owners jointly, and a copy sent to each. This letter should state:
    “According to authorization by the Texas Transportation Commission, we hereby offer a total sum of $1,000.00 for the above captioned tract of land. Our records show that each of you owns an undivided one-half interest in this parcel and, therefore, each of you is hereby offered $500.00 for your undivided one-half interest.”
    The latter method may be preferable because all owners know what is being offered to each individual owner.
  • In most cases when there is a tenant with a compensable interest, make the final offer to the fee owner. Occasionally, when there is a compensable leasehold interest that is negotiated separately from the fee, and either the fee owner or the lessee refuses to negotiate, then both interests must be condemned together. The only exception is the lessee's (or, occasionally, a fee owners) interest for a in a commercial advertising sign structure that may be purchased separately from the land, provided the structure is acquired simultaneously with, or prior to, the closing of title of the interests in the land.
    Except for lessee-owned billboards, address the final offer letter only to the fee owners and include the total amount of the approved value. The letter should state that (1) the amount being offered is the total amount for all interests acquired, and (2) for the fee owner to accept the offer, he must directly negotiate and obtain the release of all other property interests.
  • Sometimes, it is impossible to break down the interests to make an offer in a specific amount for each interest.
    Address the final offer letter jointly to all persons having an interest, and mail a copy to each person. The letter should show that (1) the amount offered is a joint offer for the full amount of the interests acquired, and (2) the offer must be accepted by all parties. For example, the following applies when John Doe and Richard Roe each own some interest that cannot be broken down in a parcel valued at $1,000:
    Address the letter to both John Doe and Richard Roe at their individual addresses (with a copy mailed to each) stating: “According to authorization by the Texas Transportation Commission, both of you are offered jointly the total sum of $1,000 for the entire property. For there to be effective acceptance of this offer, each of you must communicate acceptance to this office.”
  • Mail a copy of the final offer letter to each person known to hold fee title to the interest being acquired regardless of their legal status. If the person is a minor, mail a final offer letter to the person whether or not a guardianship exists. If a guardianship exists, also send a copy of the final offer letter to the guardian.
    Follow the same procedure in cases where the owner of the interest to be acquired was legally declared mentally incompetent (or non compos mentis), or in any other situation where a guardianship exists.
  • The final offer letter should point out that the final offer depends on TxDOT receiving clear title.
    For example, assume that the owner of a property interest valued at $1,000 lacks capacity to convey title to the property because the owner is a minor with no guardian. Address and mail the final offer letter to the minor. The letter should state: “You are hereby offered the total sum of $1,000 for clear title to your property and property rights.”
  • If the property owner has provided written verification of legal representation, and TxDOT has been instructed by the legal representative not to communicate with the owner, send the final offer letter to the property owner in care of the attorney.
  • If the property owner has indicated he/she has legal representation, but has not provided written verification, send the final offer letter to the property owner and copy the attorney.