Real Property Donation Request Letter
(Eminent Domain)

Summary

This real property donation request letter template is for use by a governmental authority to request a donation of real property in connection with a planned public works project. A property owner may elect to donate property that is targeted for condemnation as an alternative to going through eminent domain proceedings. This template includes practical guidance and drafting notes. A governmental agency or authority may generally accept a donation of real property for any purpose that aids in carrying out its functions and duties. See, e.g., Tex. Transp. Code § 201.206. The donation of the property should be for a public use and can encompass a wide range of purposes from road and highway rights of way to dedications of lands for beach areas and town parks. See 9 Warren's Weed New York Real Property § 98.19. In its simplest terms, a donation of real property for an improvement project is a conveyance of real property without compensation. This generally requires that the property owner(s) be advised of the right to receive just compensation and sign a written waiver of that right. Many states have taken guidance for their donation procedures from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), 42 U.S.C.S. § 4601 et seq. (Uniform policy on real property acquisition practices begins at 42 U.S.C.S. § 4651.) See also 49 C.F.R. § 24.101 et seq. Prior to accepting a donation of property, a governmental authority is required to inform the owner of his or her right to receive just compensation for the property as well as an appraisal. See 49 C.F.R. § 24.108. See also Okla. Stat. tit. 27, § 13(10). When a project includes federal funding (typical with highway projects), the states are required to comply with the Uniform Act. See also 49 C.F.R. § 24.101(b). Generally, property negotiations must be conducted free of any coercion. See, e.g., 42 U.S.C.S. § 4651(7). Accordingly, state law should be consulted to ensure that publicly requesting individual property owners to donate their property is not considered coercive. Additionally, some states may require that a formal donation agreement also be executed to memorialize the gift. See, e.g., 43 Tex. Admin. Code § 1.504. This template is non-jurisdictional; consult state law for state-specific requirements and procedures that must be followed by the governmental authority when accepting donated land. See, e.g., Tex. Gov't Code § 575.003; Tex. Transp. Code § 201.206; and 43 Tex. Admin. Code § 1.500 et seq. For more information on the uniform policy of real property acquisition, see Nichols on Eminent Domain § 4651. For information on eminent domain generally, including a list of state statutes and procedures, see Nichols on Eminent Domain § G2A.03, Eminent Domain Takings, and Eminent Domain State Law Survey.