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Council authorizes eminent domain for FM 971 expansion after limited property acquisitions
Summary
After staff reported only two of nine affected property owners agreed to sell right-of-way for the FM 971 expansion, council adopted a resolution declaring public necessity and authorizing eminent-domain proceedings; roll call was 6–1.
The Georgetown City Council on Jan. 28 adopted a resolution finding that portions of private property along FM 971 (from Gunn Street to SH 130) are necessary for a roadway expansion project and authorized the use of eminent domain for remaining acquisitions.
Juan Rodriguez, Real Estate Program Manager for the city, told council the project would expand FM 971 from a two-lane to a four-lane divided roadway with median, left- and right-turn lanes and a shared-use path. He said right-of-way acquisition efforts have identified nine impacted parcels; the city’s offers and follow-up final offers were sent to all nine owners, and to date two owners have accepted and are ready to transfer title while seven parcel owners either have not responded or rejected the city’s offers.
Rodriguez described the city’s negotiation steps consistent with Texas condemnation practice: initial offers accompanied by appraisals, final offers where needed, and condemnation only if negotiations do not resolve acquisition. Council received the staff report and then voted on a resolution specifically naming the parcels and seeking authority to proceed with eminent-domain proceedings if necessary.
The resolution was adopted by roll call. The clerk recorded votes by district: Districts 1–6 voted yes and District 7 voted no; the motion carried 6–1. Councilmembers said staff would continue negotiations with property owners until a condemnation filing became necessary, and Rodriguez said he recently met with one property owner who had not yet accepted the offer.
The resolution cites the city’s need to acquire small fee and right-of-way interests to advance the FM 971 Broadway expansion project; staff will proceed to finalize acquisitions by negotiation where possible and prepare condemnation actions where necessary per state law.
