(A) Prior to commencing a condemnation action, a condemnor must elect to proceed either under § 28-2-240, in which case the form of Condemnation Notice prescribed by § 28-2-280(C)(8) must be used, or under § 28-2-250, in which case the form of Condemnation Notice prescribed by § 28-2-280(C)(9) must be used.

(B) In the Condemnation Notice, the condemnor shall set forth the amount it has determined to be just compensation pursuant to § 28-2-70(A) which shall constitute a tender of that amount.

(C) The landowner has thirty days after service of the Condemnation Notice to give the condemnor written notice either that he rejects the amount tendered, or that he accepts the amount tendered and agrees to execute those instruments as may be necessary to convey to the condemnor the property or interest therein described in the Condemnation Notice. A failure to respond to the tender constitutes a rejection.