Council approves resolution to pursue right‑of‑way acquisitions for Tolly Road project; eminent domain remains council decision

The Cibolo City Council voted 4–3 on May 13 to authorize staff to proceed with property acquisition activities needed to reconstruct Tolly Road, including survey access, negotiations and the preparation to file eminent‑domain proceedings if negotiations fail.

Public Works Director Julio Gomez said the Tolly Road project dates to voter approval in 2018 and that the city needs about 2.1 acres in easements and fee interest from roughly 13 property owners for drainage and roadway improvements. Staff reported contact with property owners and that four owners had not agreed to allow survey access or to engage in negotiations. Gomez said staff has made repeated outreach and that project costs rise each month the work is delayed.

Several council members pressed staff on whether eminent domain would be used automatically; Gomez and City Attorney Paul Wenland clarified that the resolution only authorizes staff to continue negotiations and to work with property owners to make final offers. Wenland said any formal eminent‑domain filings would return to council for approval.

Council discussion noted property‑owner concerns about impacts and a desire to minimize acquisitions to easements where possible. Councilman Mahoney stressed compensation would be paid at fair market value if eminent domain were pursued; others urged continued outreach. The vote was 4 in favor and 3 opposed, meeting the council’s supermajority threshold for the action as noticed.

Council directed staff to continue negotiations, obtain survey access where owners permit it, and return to council with any recommended filings for eminent domain for each specific parcel rather than asking for blanket authority to condemn.