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Council authorizes eminent domain for five easements after negotiations stall on Lockhart Square utility work
Summary
After staff reported agreement with two owners but failed talks with five others, council approved a resolution authorizing condemnation for five permanent utility easements required for the Lockhart Square utility project; vote was 5–2 on the roll call.
Lockhart City Council authorized the use of eminent domain for five utility easements needed to relocate electric infrastructure for the Lockhart Square utility project, voting 5–2 after staff said negotiations with five property owners had not produced agreements.
Why it matters: The Lockhart Square utility work requires relocation of permanent utility easements across multiple downtown properties; staff said failure to secure the easements by agreement would delay the project and that adopting the resolution starts the statutory timeline for condemnation procedures under the Property Code.
What council approved - A separate but related resolution authorizing the city manager to negotiate and pay just compensation for acquisition of up to eight permanent utility easements (authorizing expenditure up to $260,000) was considered as part of the overall package to acquire needed rights. Council approved that administrative acquisition resolution earlier in the meeting (vote recorded as 5–2 on that item). - For five properties where negotiations had not succeeded, the council adopted Resolution No. 2025-18 to authorize initiating condemnation (eminent domain) under Government Code procedures. The motion included legal descriptions and parcel references read into the record; council took the roll-call vote required by state statute.
Roll-call votes recorded in the meeting transcript (as read into the record) - The recorded roll call on Resolution No. 2025-18 showed five "yes" votes and two "no" votes (the transcript records individual yea/nay responses by councilmember during the roll call).
Process and timeline explained by staff City attorney Bradford Bullock and other staff explained the steps if the city pursues condemnation: - The city will attempt negotiated settlements; the resolution simply authorizes condemnation as a statutory option if negotiations fail. - If condemnation proceeds, the property value is first set by three special commissioners; either party can then appeal the commissioners' award to district court, at which point a trial would be limited to the issue of value. Bullock noted that once the commissioners award possession, the city may proceed with construction while valuation appeals proceed.
What comes next City staff said they will continue negotiations with property owners while the statutory condemnation timeline runs. If settlements are reached, staff said the city will not need to proceed with the full condemnation process for those parcels.
Quote "The longer you wait to adopt [the condemnation resolution], the further out that push is your ability to ultimately obtain that property if condemnation is necessary," City Attorney Bradford Bullock said during the discussion.
Article provenance The discussion and votes appear in the council meeting transcript under the Lockhart Square utility project agenda items. The city will notify affected property owners in writing and proceed according to the procedures set by state law.
