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Council authorizes eminent domain to acquire sewer easements for Berry Rose sewer improvements, 6-0
Summary
Council authorized eminent domain to obtain a 0.659-acre sewer utility easement and a 0.138-acre temporary construction easement needed for the Berry Rose sewer project after staff said negotiations had not yielded agreement; city appraisal $14,776 vs. owner demand near $300,000.
The Pearland City Council on Monday authorized the use of eminent domain to acquire two easement interests needed for sanitary sewer improvements associated with the Berry Rose sewer project.
The resolution (No. 2025-42) authorizes acquisition of a 0.659-acre permanent sewer utility easement and a 0.138-acre temporary construction easement on property owned by TMB Alexander Family Ltd. Partnership. City staff said they had attempted negotiations, provided landowner protections required by state law, and presented a city appraisal value of $14,776. The property owner was seeking just under $300,000, and staff said the easement is partly located in a floodway and the city must proceed to avoid project delay.
City staff recommended the council proceed with eminent-domain authority to allow the Berry Rose force-main and sewer improvements to move forward. The council approved the resolution by a 6-0 vote. Those recorded voting yes included Member Toobin, Member Patel, the Mayor Pro Tem (identified in the record as Provone), Member Coza, Member Chavarria and Member Byrum.
Staff said that if the parties reach an agreement later in the process, the city would pursue that resolution; the eminent-domain action authorizes the city to file the necessary legal steps if negotiations remain unresolved.
