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Port Arthur landowner says city pump station sits on his land; council asks city attorney to respond
Summary
Landowner Derek Outley told council that a city pump station and recent $350,000 capital work are on his privately owned Parcel 72810 with no recorded easement; he asked staff to review, place the issue on a future agenda and begin negotiations. The city attorney said a legal response will be provided.
Derek Outley, who identified himself as the owner of Parcel Number 72810, told the Port Arthur City Council on Dec. 16 that a municipal pump station is operating on his property without a recorded easement.
Outley said he purchased the 40‑acre industrial parcel in 2021 and that the city performed $350,000 in capital upgrades to the pump station in 2023 under Work Order No. 1143. "These upgrades were not routine maintenance," he told the council, and argued the reconstruction constitutes an expanded municipal use requiring a new easement, agreement or compensation.
Outley asked council to direct staff to review the 2023 improvements and the absence of a recorded easement, to place the matter on a future council agenda for full discussion, to evaluate the city's legal exposure and to begin negotiations for an occupancy agreement, fair compensation or a relocation plan. He said he had prepared title documents and invoices and offered a temporary administrative occupancy payment to allow the pump station to continue operating while the city and owner negotiate.
The city attorney told council that because of the "threat of litigation" the city attorney's office would prepare a legal response to be sent to Outley and recommended the council not further engage in public discussion until the city provides that response. The city attorney added the pump station is "a major infrastructure" protecting a significant area of the city and said the city may need to respond to adverse actions such as locked gates reported by staff.
Council members asked staff to verify the property boundaries and prior briefing had been provided in executive session; Council member Doucette urged staff to move the matter quickly. The city attorney said a legal response would be provided to Outley within 21 days.
Why it matters: If the pump station lacks a recorded easement, the city could face legal or financial exposure and will need a formal process to resolve access and continuity of public services while protecting public health and safety.
Next steps: The city attorney will draft a legal response to Outley; staff will verify property records and coordinate with the city attorney as needed.
