(a) Every reasonable effort will be made to acquire real property by negotiation and the full amount established as just compensation will be offered for the property. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.
(b) The department will make a bona fide offer to acquire the real property from the property owner voluntarily, as provided by Property Code, §21.0113. All offers will be in writing, and will inform the owner of the owner's right to discuss the offer with others or to keep the offer confidential, as provided by Property Code, §21.0111.
(c) An initial offer to purchase or lease will include copies of all appraisal reports that relate to the real property, that were prepared during the ten-year period preceding the date that the offer was sent to the owner, and that were produced or acquired by the department. The initial offer will be sent to the owner of the real property by certified mail, return receipt requested.
(d) The final offer must be equal to or greater than the amount of an appraisal obtained by the department from a certified appraiser of the value of the property being acquired and the damages, if any, to any of the property owner's remaining property. The department will include with the final offer a copy of the appraisal on which the final offer is based, the conveyance document that is to be signed by the property owner, and a copy of the landowners' bill of rights statement required by Property Code, §21.0112, unless the department has provided a copy of the document to the owner before the final offer is made. The department will not make the final offer before the 30th day after the date that the initial offer was delivered to the owner.
(e) Before filing a petition of condemnation, the department will give the property owner at least 14 days after the date that the final offer was delivered to the owner to respond to that offer.
(f) No owner shall be required to surrender possession of real property before:
  (1) payment of the agreed purchase price;
  (2) in the case of condemnation, the amount of compensation stated in the final judgment is paid to the owner or deposited with a court for the benefit of the owner; or
  (3) in the case of condemnation when possession is required by the department prior to a final judgment being entered, the department has deposited with the court, for the benefit of the owner, the amount of a special commissioners' award or the amount of the department's approved appraisal of the property, whichever is greater.
(g) In the case of condemnation where the department does not take possession until after a final judgment of the court has been entered, the amount of compensation paid to the owner of the property or deposited with a court for the benefit of the owner shall be the amount of compensation stated in the final judgment in the condemnation proceeding for the property. To the greatest extent practicable, no person lawfully occupying real property shall be required to move without at least 90 days written notice of the date by which the move is required.
(h) For the purposes of this section, a document is considered to be delivered on the earlier of the delivery date indicated on the certified mail receipt or the fifth day after the date that the document, properly addressed with postage prepaid, is deposited with the United States Postal Service.

Source Note: The provisions of this §21.10 adopted to be effective January 1, 1976; amended to be effective January 2, 2002, 26 TexReg 11052; amended to be effective September 15, 2011, 36 TexReg 5949