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Kyle council authorizes potential use of eminent domain for multiple road-bond parcels
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Summary
Acting on voter-approved Proposition A road projects, the council approved several public-convenience-and-necessity (PCN) resolutions authorizing eminent-domain proceedings, if necessary, for easements and right-of-way needed for the Lehman/Kyle Parkway extension and Windy Hill Road improvements; votes were contested in several cases and residents urged extended negotiation.
The Kyle City Council on Dec. 6 authorized the use of eminent domain if necessary to acquire property interests for multiple Proposition A road projects: a drainage easement over land owned by Prisciano (Prisciliano) Maldonaldo and Maria Hernandez Maldonaldo for the Kyle Parkway/Lehman Road extension, and several parcels from JDF Windy Hill Road LLC for Windy Hill Road improvements.
Deputy City Manager Amber Smythe and acquisition counsel outlined surveys, appraisals and the need for right-of-way and drainage easements to advance projects that were designed and funded by the November 2022 bond. Staff said initial and final offer letters, surveys and appraisals were prepared and that the city engaged a property-acquisition firm (Atkins Realis) and design engineers; legal counsel confirmed required offers had been made in accordance with state law.
Several council members and residents urged extra time for direct negotiations and asked staff to ensure Spanish-language outreach. Lisa Norris of Atkins Realis confirmed a Spanish translator had been involved in communications with owners. Kent Sick, the acquisition attorney, said initial offers were sent (e.g., Sept. 19) and a final offer (Oct. 23) had been made with appraisals supporting the city’s offers.
Council took roll-call votes on each PCN resolution. For the Maldonaldo drainage-easement PCN the motion passed (roll call recorded; 5–2). For the Windy Hill Road-related PCNs (multiple parcels/ easements) the council similarly approved PCNs and authorization to pursue eminent domain if negotiation failed, with recorded roll-call votes on each item. Council and staff emphasized negotiations could continue up to a commissioner’s hearing but authorized initiating condemnation only if an agreement cannot be reached.
Supporters argued that delays could raise construction costs for the voter-approved projects and jeopardize timetables; opponents asked staff to exhaust negotiations and address landowner concerns about drainage and procedural clarity before authorizing condemnation.
