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McKinney council authorizes pursuit of eminent domain to secure right-of-way for Lott Howe Parkway

McKinney City Council · December 2, 2025
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Summary

Council granted staff authority to pursue eminent domain if negotiations fail to acquire a right-of-way, slope easement and temporary construction easement needed to complete the Lott Howe Parkway project; the vote was unanimous 7-0.

The McKinney City Council on Dec. 2 authorized staff to pursue eminent domain for property interests needed to complete the Lott Howe Parkway project after staff told council developers had obtained most required off-site easements but were unable to reach agreement with one property owner.

Gary Graham, director of engineering, said the development agreement with Republic Property Group requires the developer to secure off-site rights of way and easements for Lott Howe Parkway, but staff had been unable to reach terms with one owner for a right of way, slope easement and temporary construction easement. He explained the city's process for acquisitions follows state law: an appraisal is prepared, an initial offer is made, the owner may counter or seek their own appraisal, and if no agreement is reached the city may proceed with eminent domain where Collin County special commissioners determine fair market value.

A council member moved to adopt the resolution authorizing use of the city's eminent-domain power to acquire all necessary interests from Billy Tate and Brandy Tate for property on County Road 202 associated with the Lott Howe Parkway; the motion was seconded and passed by a roll-call vote recorded as unanimous, 7-0.

Why it matters: The authorization ensures the Lott Howe Parkway project can remain on schedule if negotiations with the remaining property owner fail. Council and staff framed eminent-domain authority as a procedural step required to meet development-agreement timelines while negotiations continue.

What the authorization does (and does not): The council vote authorized staff to pursue eminent domain; it did not order immediate condemnation or specify compensation beyond the normal appraisal and special-commissioner process described by staff.