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Leon Valley council authorizes eminent domain to acquire 0.625-acre parcel for road, drainage
Summary
The City of Leon Valley unanimously approved a resolution authorizing use of eminent domain to acquire a 0.625-acre parcel adjacent to Aids Drive for street and drainage improvements; councilors were told the parcel appears to be ‘no man’s land’ and the city will publish notice and seek court approval before acquisition.
The City of Leon Valley City Council on Thursday approved a resolution authorizing the use of eminent domain to acquire a 0.625-acre tract adjacent to Aids Drive for a street, drainage system and related public improvements.
Melinda Morts, the city’s public works director, told the council the parcel is an undeveloped section at the end of Aids Drive that has been used informally as a driveway by two property owners and becomes inaccessible when it rains. “Estimated costs, appraisal of it would be 3,500 if needed. Survey was about 3,500,” Morts said during her presentation.
The parcel is described in the Bexar County real property records at volume 2,595, page 153 and is shown in the city’s materials as a remaining portion of a larger tract once owned by the estate of Iva H. Smith. According to Morts, title searches so far indicate there may be no clear current owner; the city will compare deed documents provided by neighbors with its surveys and title work before seeking a court judgment to acquire the land.
Resident Richard Blackmore spoke during public comment and urged the council to review the map carefully. “He built a house with his own bare hands, and, this needs to be looked at real carefully,” Blackmore said, expressing concern that an easement could affect an existing home.
Council discussion focused on ensuring the proposed roadway would not take any homeowner’s property and on design details. Morts said the easement would allow the city to install a hammerhead turn for emergency vehicles at the Samaritan/Aids Drive corner and that Samaritan Drive will be realigned slightly so the hammerhead will be further up. She also confirmed that the 1 Stop Group — a nearby property owner identified in the presentation — has agreed to provide asphalt for the road.
Councilor Orozco moved approval of the resolution; Councilor Campos seconded. The roll-call vote called by city staff recorded five ayes, and the motion passed. Council members voting yea were Bolton, Hial, Campos, O'Ruskal and Marsh.
Morts told council the next steps, if the resolution stands, will include filing in court and publishing the required notice in the newspaper, and any acquisition would include payment of the appraised value and attorney fees. If the city acquires the parcel, ongoing maintenance of the improved street would be performed by Public Works using the city’s street-maintenance sales tax.
The council’s vote authorizes pursuing a court-ordered acquisition but does not itself complete a property purchase; the city will return with legal filings and information on final costs.
Meeting materials and Morts’s aerial exhibit show the affected area and the location of existing homes, and staff said they will continue title work and compare deed documents provided by neighbors before further action.
