In this video, Attorney Philip Hundl describes Step 2 of his timeline of the Texas Land Condemnation Process. You can arrange a meeting with Philip by calling or texting 800-266-4870. We can arrange a meeting in person, online or by phone.
Summary of Step 2 of the Texas Land Condemnation Process
Hello, I’m Philip Hundl, and in this video, I will be providing a more detailed overview of Step 2 in the Texas land condemnation process. Step 2 is where we start to get into the nitty-gritty of the process, as we see the initial offer letter, which is also known as the IOL.
The Initial Offer Letter is Part of Step 2
The initial offer is a vital component of the condemnation process. It is the first step where the condemnor will provide the landowner with a monetary offer for the property or the portion of the property that the condemnor intends to acquire. This stage of the process is still considered preliminary, as it is before the lawsuit has been filed.
The initial offer must comply with Texas Property Code Chapter 21, which outlines the specific requirements that must be included in the offer. According to the statute, the initial offer must include an initial monetary offer, a Landowner Bill of Rights, a statement regarding compensation and damages to the remainder, and a proposed conveyance document.
The initial monetary offer is a crucial element of the offer, as it provides the landowner with a starting point for negotiations. It is essential to note that the initial offer does not represent the final compensation amount. The compensation amount is subject to change, depending on the final settlement agreement or the judgment awarded by the court.
The Landowner Bill of Rights is a document that outlines the rights that landowners have during the condemnation process. The document is a summary of the rights outlined in Texas law, and it provides the landowner with an understanding of their rights and what they can expect throughout the condemnation process.
The IOL Includes a Statement Regarding Damages to the Remainder
The statement regarding compensation and damages to the remainder is an important component of the initial offer. It outlines whether the damages included in the compensation offer reflect or include damages to the remainder. The remainder is the portion of the property that is not being acquired by the condemnor. It is essential to ensure that the compensation offered covers the damages to the remainder.
A Conveyance Document Outlines What Is Being Acquired
The proposed conveyance document is a document that outlines the terms of the agreement between the condemnor and the landowner. It provides details on what is being acquired, what the compensation will be, and any other terms of the agreement. For example, if the condemnor is acquiring an easement for a pipeline, the proposed conveyance document will outline the terms of the easement agreement.
In addition to the above, the initial offer must also provide complete contact information for the condemnor and the condemnor’s representatives. This information is crucial for the landowner to know who they need to contact throughout the process.
If TxDOT is the Condemnor, the IOL May Include a Possession and Use Agreement
As I mentioned earlier, there are instances where TxDOT may suggest a Possession and Use agreement to landowners. The Possession and Use agreement is an entry fee payment offered to the landowner in exchange for allowing TxDOT to have possession and start their project. While this may seem like a good option, there are pros and cons to this, and it is essential to discuss the specifics of the Possession and Use agreement with your attorney before making any decisions.
Get an Experienced Attorney to Help Protect Your Rights
In conclusion, Step 2 of the Texas land condemnation process is a critical stage that sets the tone for the remainder of the process. The initial offer provides the landowner with a starting point for negotiations and an understanding of the terms of the agreement. It is essential to work with an experienced attorney who can help you navigate through the complexities of the process and ensure that your rights are protected.
Call or text 800-266-4870 to arrange a meeting with Attorney Philip Hundl. You can also click the button and send us the form to get started.