The City of McKinney City Council on Monday adopted two resolutions authorizing the use of eminent domain to acquire property interests needed for planned infrastructure projects.
The first resolution authorizes acquisition of fee‑simple and easement interests at the northeast corner of South Church Street and West Stanford Street for the Church, Henry and McKinney Streets infrastructure improvement project. Gary Graham, director of engineering, told the council the property owner is deceased, title has not gone through probate and heirs have indicated they do not intend to clear title. Graham described the process used by the city: the city obtains an appraisal, makes an initial offer, the owner may counter and, if no agreement is reached, the city may initiate eminent domain, where special commissioners appointed by the Collin County commissioners determine fair market value.
Graham said the city will follow state law for acquisitions and that funds would be deposited into the registry of the court if acquisition proceeds while probate remains unresolved. The council approved the resolution and authorized the city manager to establish acquisition procedures by a 7-0 roll call vote.
The second resolution authorizes eminent domain for a 15‑foot water‑line easement at 1515 North McDonald Street connected with the State Highway 5 utility relocation, phase 2. Graham said the work is required because the Texas Department of Transportation (TxDOT) is widening Highway 5 and the city must relocate utilities out of the TxDOT right‑of‑way. Staff told the council they had been negotiating with the property owner but could not reach an amount the city considered reasonable and asked for eminent domain authority. The council approved the resolution 7-0.
Graham emphasized eminent domain is a legal process to determine compensation rather than an arbitrary taking, and described the appraisal and special‑commissioner process the city follows. The council’s action authorizes staff to proceed with acquisition negotiations and, if necessary, the eminent domain process. Specific appraisal values and proposed construction schedules were not discussed during the meeting.