The offer letter is usually the first document that tells you how much land is being taken and what the condemnor thinks it is worth. It is a starting point, not a final answer.
What Texas law requires
- A written initial offer.
- The Landowner Bill of Rights, provided before the final offer. What it says →
- Disclosure of appraisals the condemnor relied on in setting its offer.
- A written final offer, made after a waiting period following the initial offer, with time for you to respond.
- For many private condemnors, such as pipeline and electric companies, the proposed easement must include certain minimum terms set by statute.
If these steps aren’t followed, that can affect the condemnor’s right to proceed. Check the dates on every letter you receive and keep the envelopes.
Questions to ask about any offer
- Exactly how much land, and is it a fee taking or an easement?
- Does the number include damage to the land you keep?
- What does the easement let them do: width, depth, access, above-ground equipment, future lines?
- What highest and best use did the appraiser assume?
- Are wells, fences, irrigation, structures and crops accounted for?
Should I sign?
Not until you understand the offer and the document you’d be signing. Once you sign a deed or easement, the terms are very hard to change. A review costs nothing and can tell you whether the number and the terms are fair.
Send us your offer for a free review →
General information about Texas Property Code chapter 21, not legal advice. Attorney advertising. Responsible attorney: Erick Holguin, Perez Law Firm, PLLC, McAllen, Texas.