(a) When no agreement on purchase price between the seller and the buyer is reached through negotiations, the Commission may exercise its power of eminent domain.
(b) At least one appraisal as to fair market value shall be obtained from independent sources and a final offer presented to the seller based on an appraisal.
(c) The final offer to purchase shall contain a designated acceptance period stated in calendar days.
(d) If this final offer to purchase is not accepted by the seller within the designated time period, the Commission may proceed to make a finding of public purpose for the taking and seek assistance from the Office of the Attorney General to proceed with the condemnation action.
(e) The condemnation proceedings shall be conducted in accordance with state law.

Source Note: The provisions of this §123.13 adopted to be effective March 18, 2002, 27 TexReg 2005; amended to be effective November 15, 2011, 36 TexReg 7658