Some context
Eminent domain refers to the government taking private property and converting it into public use, as long as they provide just compensation to property owners, according to Cornell Law School. Eminent domain, in most states, can only be done if it is benefiting the general public welfare.
The resolutions also addressed public convenience and necessity, or PCN. According to city agenda documents, PNC refers to the council’s determination of whether acquiring an interest in a specific property, such as an easement, is necessary for a particular public use.
The details
One resolution authorized eminent domain to condemn a 0.15-acre permanent utility easement and a 0.22-acre temporary construction easement in two parts from property originally conveyed to Terry Lewis and Deborah Nazzemi, now owned by Deborah Anthony, according to city agenda documents.
Another resolution found PCN and approved condemning a 0.26-acre permanent utility easement and a 0.26-acre temporary construction easement from property conveyed to Terrell K. Terhune and Susane E. Terhune.
Both resolutions relate to property located on Creekside Trail in Kyle, that is being acquired for improvements to existing wastewater and reclaimed water infrastructure. The projects will accommodate projected future development and flows, according to city agenda documents.
Improvements planned include upsizing the existing wastewater line and the existing reclaimed water line. One of the resolutions for these properties stated that PCN requires the acquisition to promote public health, safety and welfare.
Appraisals have been done for the Anthony and Terhune properties, and offers have been made off of the appraisals, but the city’s efforts to acquire the easement through negotiations haven’t been successful. According to Kent Sick, Kyle’s condemnation attorney, negotiations have been going on since September.
In similar news
City Council also authorized the use of eminent domain to condemn a 1,741-square-foot parcel of land on Center Street owned by Richard Cuellar Sr. and Rita Cuellar for the public use and purpose of construction of public roadway improvements and shared-use paths, including a portion of the Vybe Trail, according to city agenda documents.
In November 2022, Kyle voters approved Proposition A, a road bond for eight transportation projects across the city totaling 10.3 total miles to improve the city’s transportation network.
Old Stagecoach Road is included in Proposition A. The project will improve Center Street from Old Stagecoach Road to Veterans Drive. The roadway will be three lanes at this location, and the width was designed to expand the roadway and accommodate the Vybe Trail.
Negotiations have also stalled from this land, like the other eminent domain resolutions. PCN finds that the Center Street project is necessary and required to promote the public health, safety and welfare of the community, according to city agenda documents.
More details
The council additionally approved a resolution authorizing the city manager to enter into and fund possession and use agreements, or PUA, with Center Street Village LP for multiple parcels of land.
The parcel information includes, according to city agenda documents:
- Parcel 1: 0.01 acres permanent wastewater easement
- Parcel 1: 0.22 acres temporary construction easement
- Parcel 2: 0.42 acres permanent wastewater easement
- Parcel 2: 0.73 acres temporary construction easement
- Parcel 2: 0.07 acres temporary construction easement
- Parcel 3: 0.08 acres permanent wastewater easement
- Parcel 3: 0.01 acres permanent wastewater easement
- Parcel 3: 0.18 acres temporary construction easement
- Parcel 3: 0.08 acres temporary construction easement
- Parcel 4: 0.38 acres permanent wastewater easement
- Parcel 4: 0.98 acres temporary construction easement
These parcels vary in location, spanning from Philomena Drive to Hill Street. All sit near or are a part of Center Street Village.
According to city agenda documents, the Center Street Village Wastewater Improvement Project is critical and required to accommodate new and planned developments and reduce overflow events that cost the city significantly.
This PUA will allow the city to begin work on the projects during the eminent domain process, as the parties have not yet agreed to terms for property acquisition. The agreement will help to speed up the projects by allowing the city to begin work on needed infrastructure before final property acquisition, according to city agenda documents.
The agreement will not exceed $331,703, according to the staff memo.