- (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.