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Kyle City Council authorizes eminent domain to secure utility easements for water and wastewater projects
Summary
Council approved resolutions authorizing use of eminent domain to acquire permanent and temporary easements needed for public water and wastewater improvements along Rafter Holdings LLC property and Center Street Village LP parcels, citing negotiation efforts and project necessity; votes were unanimous.
The City of Kyle on Oct. 15 approved resolutions authorizing the use of eminent domain to secure multiple permanent and temporary easements needed for public water and wastewater infrastructure.
Council approved a motion to acquire a 3.393-acre permanent utility easement from property owned by Rafter Holdings LLC to construct a force main and related wastewater facilities. Amber Smythe, assistant city manager, told council appraisals and initial offers have been completed and staff could not reach a negotiated agreement, making the public-convenience-and-necessity (PCN) action the next step. The motion passed on roll call 7–0.
Council then took up phase 3 of the Center Street Village wastewater improvements, which requires several permanent wastewater easements and temporary construction easements across four parcels owned by Center Street Village LP. City staff said the project responds to recurring capacity problems and overflows that must be reported to the Texas Commission on Environmental Quality; appraisals and alignment work are complete. After discussion about parcel-by-parcel appraisal and efforts to avoid condemning property, council approved a consolidated PCN to acquire the listed easements, again 7–0.
Mayor and council members emphasized condemnation as a last resort. Amber Smythe and city legal counsel described prior steps: alignment approval, surveys, appraisals, initial offer letters with a 30-day negotiation window, a final offer and a subsequent 15-day response period before bringing a PCN forward. Council members pressed staff to continue outreach and to use right-of-entry procedures for surveys and to minimize impacts on property owners.
By formal vote, council authorized staff to proceed with condemnation if negotiations failed. Council also reconsidered and re-approved the Rafter Holdings PCN during the meeting to ensure procedural clarity.
What happens next: staff will continue negotiations where possible, then proceed with condemnation filings if property owners do not accept the city—s final offers. Council directed staff to return with documentation and steps taken during the acquisition process. No physical construction contract was awarded during the meeting; the actions authorize land acquisition to enable planned construction of water and wastewater improvements.
