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Forney council authorizes condemnation authority to advance sanitary sewer expansion
Summary
Council approved an ordinance authorizing staff to pursue easement acquisition — including condemnation if necessary — for a sanitary sewer expansion project near U.S. Highway 80, after staff reported stalled negotiations with a small number of property owners.
The Forney City Council voted to adopt an ordinance authorizing the city to determine the necessity of acquiring easements and to prepare for potential condemnation for a sanitary sewer expansion project adjacent to U.S. Highway 80.
City staff member Mr. Thatcher told the council the project involves expansion of sewer lines and related facilities on the south side of U.S. Highway 80, with some work on the north side as well. He said negotiations with property owners for required easements have been ongoing and that communications with two or three property owners have stalled, prompting the city to seek authority to initiate condemnation only if negotiations fail.
“...we might need to initiate some condemnation proceedings,” Thatcher said, adding that staff remain hopeful condemnation will not be necessary and that state law requires bona fide offers, appraisals and good-faith negotiations before eminent-domain action.
Councilmember Mr. Weatherford asked whether communication with the unwilling owners had been ongoing; staff replied negotiations have been under way for “probably going on a year” and that the ordinance would give the city additional tools if owners cease communication.
A motion to approve the ordinance was made by Councilmember Ms. Schlinsker and seconded by Ms. Elgato; the council adopted the ordinance (recorded in the meeting as Ordinance No. 2,520) by voice vote.
Why it matters: The ordinance allows the city to secure easements needed to complete the sewer expansion, including the legal authority to begin condemnation procedures if required by stalled negotiations. Staff emphasized that statutory procedures — appraisals and bona fide offers — must be followed before using eminent-domain authority.
Next steps: Staff will continue negotiations where possible and, if required, begin condemnation proceedings pursuant to state law and the ordinance. The project will proceed once easements are acquired.
