In this video, Attorney Philip Hundl describes Step 3 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 3 of the Texas Land Condemnation Process Timeline
Hello, it’s Philip Hundl again. Today, I’ll be discussing Step 3 of the Texas land condemnation process, which involves the final offer letter or packet. The final offer packet is a big packet that can be overwhelming for a landowner, but it’s crucial to understand what it includes and what you should be paying attention to.
The final offer packet includes a third-party appraisal and is essentially the initial offer letter plus the appraisal. It’s important to note that the third-party appraiser was hired by the condemnor and is not appointed by the court. Condemnors will often point out that the appraisal is from a neutral appraiser, but make no mistake, they hired the appraiser.
Do a Careful Review of the Final Offer Packet
As a landowner, you should review the final offer packet and ensure that what the appraiser is valuing is the same as what the condemnor is seeking to take. For example, on a pipeline easement, the pipeline may be seeking to take a 50-foot-wide permanent easement, but the appraiser may value a 30-foot-wide permanent pipeline taking. So, you need to make sure that the appraisal matches what you understand the condemnor is taking.
It’s also important to pay attention to the appraiser’s decision on the highest and best use of your property. This is a complex topic that your attorney can explain further, but it’s something you should look at in the appraisal. You should also examine the appraiser’s comparable sales. Are these sales that you’re familiar with? Maybe they’re just down the street, and you know those numbers are correct. Or perhaps the comparable sale is one that you’re familiar with, but the sales price is different than what the appraiser is saying.
If you have knowledge of other comparable sales in the area, be sure to share them with your attorney. Additionally, you should look for any damage to the remainder component in the appraisal. This refers to whether the appraiser thinks that the rest of your property’s value has diminished because of the pipeline or other infrastructure that’s going to be on your property.
Take Note of the Time Between the Initial Offer and Final Offer
It’s also essential to pay attention to the timing of the final offer packet. The condemnor has to wait 30 days after sending the initial offer before sending the final offer letter. This is to give the landowner time to consider the initial offer and to consult with an attorney. So, if you receive the final offer packet too soon after the initial offer, be sure to bring it to your attorney’s attention.
Get the Help of An Experienced Attorney to Protect Your Rights in Step 3 and Through the Process
To summarize, the final offer packet is a crucial part of the condemnation process. You should review it carefully and ensure that the appraiser’s valuation matches what the condemnor is seeking to take. Pay attention to the appraiser’s decision on the highest and best use of your property, comparable sales, and any damage to the remainder. Remember, you’re not alone in this process; you should work closely with an experienced attorney who can help you navigate the condemnation process and protect your rights.
Thank you for tuning in, and I’ll see you in Step 4 of the Texas land condemnation process.
Call 800-266-4870 or text 979-320-9320 for an appointment. We can also arrange for online and telephone appointments all over Texas.