A letter arrives from a road authority. A new route is planned, and the agency wants a strip of your frontage—or the whole parcel. Attached is a booklet titled "Landowner's Bill of Rights" and an offer number. Your tenant asks whether the driveway will move. Your lender asks whether the loan is still in balance. Your family asks whether you have to accept. The answers depend on Texas law, the project, and the paper you keep from this day forward.
This article is an owner brief on right-of-way acquisition and eminent domain for holders of industrial, commercial, and rural land in Brownsville and Cameron County. It is not legal advice, not an appraisal, and not a prediction of compensation for any property. Transmission-line easements and utility capacity live in power and water capacity. Agricultural valuation and rollback tax live in ag valuation and rollback tax. Selling strategy lives in selling industrial property. Rail and logistics context lives in rail and multimodal logistics. This page owns what an owner should know and do when a public project seeks right-of-way: the statutory offer steps, records, and the questions to bring to counsel and an appraiser.
Alfredo Cristo Realty Group works from Brownsville with more than 45 years of advisory and stewardship experience, Texas real-estate licensing, and a background in Mexico corporate and real-estate law. The objective matches our promise: Experience that protects your investment. Education first. Specialist handoff when the question leaves the real-estate lane.
What must a Texas condemning entity do before filing eminent domain? Under Texas Property Code §21.0113, an entity with eminent-domain authority must make a bona fide offer to acquire the property voluntarily. That includes a written initial offer, a written final offer made on or after the 30th day after the initial offer, a written appraisal from a certified appraiser obtained before the final offer, a final offer at least equal to that appraisal, copies of the appraisal and the proposed deed or easement, the Landowner's Bill of Rights, and at least 14 days for the owner to respond to the final offer.
When must I receive the Landowner's Bill of Rights? Texas Property Code §21.0112 requires the entity to send or provide the Landowner's Bill of Rights statement no later than the seventh day before it makes a final offer, and before or at the same time it first represents that it has eminent-domain authority. TxDOT's right-of-way manual recommends providing it at or before the initial offer.
This article is educational only. It is not legal, appraisal, tax, or engineering advice, and it is not a prediction of compensation, timing, or outcomes for any property or project. Retain a Texas attorney experienced in eminent domain and an independent certified appraiser for those decisions. Nothing below invents compensation amounts, project routes, deadlines beyond statute, or search volumes. Public figures appear only when attributed and dated—or not at all.
Why right-of-way is a growing Cameron County question
Industrial and logistics growth around Brownsville comes with roads, bridges, drainage, and utility corridors. Public reporting has noted right-of-way work in 2026 connected to regional road projects, including the East Loop corridor associated with the Cameron County Regional Mobility Authority. Our border bridges article covers how crossings and connector roads shape logistics property.
For owners, the practical effect is that more parcels—especially frontage, corner, and drainage-adjacent land—may receive acquisition inquiries. Some owners welcome a sale; others want to keep the property; most want to understand whether a partial taking affects what remains.
The Landowner's Bill of Rights and the bona fide offer
Texas Property Code Chapter 21 sets the procedure. Key steps:
- Landowner's Bill of Rights (§21.0112). The statement prepared by the Texas Attorney General must be sent or provided to the owner of record no later than the seventh day before the final offer, and before or at the same time the entity first represents that it has eminent-domain authority. Governmental entities with eminent-domain authority must also post it on their websites
- Initial offer (§21.0113). Must be in writing and include the Landowner's Bill of Rights statement, an instrument of conveyance, and a statement in bold print and larger font indicating whether the compensation offered includes damages to the remainder of the property, or an appraisal of the property (including remainder damages, if any) prepared by a certified general appraiser
- Final offer (§21.0113). Must be in writing, made on or after the 30th day after the initial offer, and at least equal to the amount in a written appraisal from a certified appraiser obtained before the final offer
- Documents with the final offer. Copies of the appraisal, the proposed deed or easement, and the Bill of Rights
- Response time. At least 14 days for the owner to respond to the final offer
- Appraisal disclosure (§21.0111). The entity must disclose by certified mail, at the time of an offer, existing appraisal reports from the previous 10 years related to the property and used in determining the offer. An owner who intends to rely on its own appraisal must disclose it by the earlier of 10 days after receiving it or three business days before the special commissioners' hearing
- No gag terms (§21.0111). The entity may not include a confidentiality provision in an offer or agreement, and the owner may discuss the offer with others
If an owner rejects the final offer, the entity may file a condemnation petition, and a panel of special commissioners holds a hearing to assess damages. Either side may object to the award and take the case to court. Your attorney will explain the timing and options.
Costs and the bona fide offer
Texas Property Code §21.047 addresses who pays costs. Special commissioners may adjudge costs against any party. If the commissioners award more than the entity offered before proceedings began—or a court on appeal awards more than the commissioners—the condemning entity pays all costs. If the award is less than or equal to what the entity offered before proceedings began, the property owner pays the costs. If a court finds the entity did not make a bona fide offer, it abates the suit, orders the entity to make one, and orders the entity to pay costs and reasonable attorney's and other professional fees incurred by the owner that are directly related to the violation. These rules are one reason to keep careful records of every offer and the dates they arrived.
Partial takings and the remainder
For industrial and commercial owners, a partial taking often matters more than the strip itself. Questions to raise with your attorney and appraiser:
- Access: does the project change driveways, curb cuts, median openings, or truck turning movements?
- Frontage and signage: does the remaining parcel lose visibility or sign rights?
- Parking and yard: does the taking reduce parking, truck court, or outdoor storage below what the use or tenant needs?
- Drainage: does the project change how stormwater leaves or enters the site? See flood, stormwater, and windstorm resilience
- Utilities: are meters, lines, or easements relocated?
- Zoning and setbacks: does the remainder still meet setback and site requirements?
- Leases: what do the condemnation clauses in your leases say about rent, termination, and awards?
The initial offer must state whether it includes compensation for damages to the remaining property. Read that statement carefully.
Questions to ask the acquiring entity
Early, in writing, and with copies kept:
- What is the project, who is the acquiring entity, and under what authority is it acting?
- Which part of the parcel is needed, and is it a fee purchase, a permanent easement, or a temporary construction easement?
- Is there a right-of-way map or parcel exhibit, and can you receive the legal description?
- How will access, driveways, and drainage work during and after construction?
- Which utilities on the property will be relocated, and who coordinates it?
- When does the entity expect to make its initial offer, and who is the contact?
- Will it share appraisal reports it relies on, as §21.0111 requires at the time of an offer?
Asking does not commit you to anything. It builds the record your attorney and appraiser will need and often reveals whether the project affects only frontage or the way the whole site works.
Tenants, lenders, and the condemnation clause
Most commercial leases and mortgages address condemnation. Before negotiating:
- Leases: identify how the award is split, whether rent abates, and whether either side can terminate after a taking
- Loans: many loan documents require notice to the lender and may direct award proceeds; tell your lender early
- Tenant communication: the tenant may have its own claims for fixtures or business impacts depending on the lease and law; coordinate with counsel
Our landlord leasing guide covers lease structure generally.
Ag-valued land and rollback tax
For land under agricultural special appraisal, Texas Tax Code §23.55(f) provides that the rollback-tax sanctions do not apply when the change of use results from a sale for right-of-way, a condemnation, or a transfer to the state or a political subdivision for a public purpose. Confirm treatment of any remaining land with the Cameron Appraisal District and your tax professional. See ag valuation and rollback tax.
What to do when the first letter arrives
- Record the date each letter, offer, and document arrived and how it was delivered
- Keep the Landowner's Bill of Rights and every enclosure together
- Do not sign a right-of-entry, deed, or easement before counsel reviews it
- Ask the entity for the project name, the parcel number in its plans, and the proposed instrument
- Gather your own records: survey, title policy, leases, loan documents, site plans, and recent appraisals
- Consider an independent appraisal and track the §21.0111 disclosure deadline if you plan to use it
- Tell your lender and, where appropriate, your tenant
Documents folder for right-of-way
Assemble and date:
- All letters, offers, and the Landowner's Bill of Rights received
- Appraisal reports disclosed by the entity and your own appraisals
- Survey, plat, and legal description of the parcel and the proposed taking
- Title policy, recorded easements, and deed restrictions
- Leases, loan documents, and insurance policies
- Site plans, access permits, drainage approvals, and utility records
- Photos of current access, frontage, and improvements
Notes for Mexican and binational owners
Owners who manage from Mexico face timing pressure because statutory clocks run from delivery dates. Plan for:
- A local accountable point who receives and forwards mail promptly and keeps delivery records; see binational capital
- Correct notice addresses on the tax roll, since §21.0112 references the address on the most recent tax roll
- Documents and hearings in English; keep bilingual summaries for family without translating legal conclusions
- Signature authority for entities and heirs prepared ahead of time
Common mistakes owners make with right-of-way
- Ignoring early letters. Statutory clocks run from delivery
- Signing a right-of-entry or easement without review. Instruments can contain terms beyond what was discussed
- Focusing only on the strip. Damage to the remainder can matter more
- Forgetting leases and loans. Condemnation clauses direct awards and rights
- Missing the appraisal-disclosure deadline. An owner appraisal must be disclosed on time to be used
- Assuming the offer is the final word. The statute sets a process; your attorney will explain options
How Alfredo Cristo Realty Group helps
We help Cameron County owners organize records, understand how a proposed taking affects a property's use and marketability, and coordinate with eminent-domain counsel and independent appraisers. We serve as a Brownsville accountable point through consultation / contact and management / stewardship. We do not give legal advice or predict compensation.
Review current properties and market context without pressure toward a listing, or read about Alfredo's background. Related reading: ag valuation and rollback tax, selling industrial property, border bridges, power and water capacity, and flood, stormwater, and windstorm resilience. More on the Insights hub. Spanish readers: Artículos.
The objective: help Cameron County owners meet a right-of-way request with records, counsel, and a clear view of the remainder—so the decision is made on the statute's timeline and the owner's terms, not by default.
Sources
- Texas Property Code §21.0112 (Landowner's Bill of Rights timing, delivery, and website posting)
- Texas Property Code §21.0113 (bona fide offer: initial and final written offers, certified appraisal, documents, 14-day response)
- Texas Property Code §21.0111 (appraisal disclosure; owner disclosure deadline; no confidentiality provisions)
- Texas Property Code §21.047 (assessment of costs; abatement, costs, and directly related fees when no bona fide offer was made)
- Texas Tax Code §23.55(f) (rollback sanctions not applicable to sales for right-of-way, condemnation, and certain public transfers)
- Texas Department of Transportation, Right of Way Property Acquisition manual, "Written Offer to Purchase Required for State" (Landowner's Bill of Rights timing and recommended delivery; accessed October 23, 2026)
- Public reporting on 2026 right-of-way activity for the East Loop corridor (Hoodline, Jesse Hoffman, August 24, 2026, citing MyRGV)
Educational disclaimer (repeated): This page is owner education only. It is not legal, appraisal, tax, or engineering advice, and it is not a prediction of compensation, timing, or outcomes for any property or project. Do not rely on it to accept, reject, or negotiate an offer. Retain a Texas attorney experienced in eminent domain and an independent certified appraiser. Verify current statute text and project documents before acquisition, lease, or financing decisions harden.
This guide is also available in Spanish: /es/articulos/derecho-de-via-expropiacion-propietarios-condado-cameron.