(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. At the time an offer to purchase is made, an owner of real property will be provided with a copy of all existing appraisal reports that were used in determining the final valuation offer in accordance with Property Code, Section 21.0111. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. 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.
- (b) 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.
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.