Pearland council authorizes eminent domain to secure Lower Kirby road, water-tower site
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Summary
Council authorized the use of eminent domain to acquire a 2.399-acre fee interest and a 0.2454-acre easement in the James Hamilton survey to construct an east–west road, a north–south connector and a water tower for the Lower Kirby area; staff said negotiations continue and the city's offer is about $220,000 below the owner's counter.
The Pearland City Council on March 23 approved a resolution authorizing city officials to pursue acquisition, by donation, purchase or eminent domain, of property in the Lower Kirby area needed for public roads, utilities and a water tower.
During a full reading of resolution R2026-64, staff described the parcel as a 2.399-acre fee-simple interest and a separate 0.2454-acre easement in the James Hamilton survey (Harris County) as part of the Ulrich property in the Suburban Gardens subdivision. The reading included legal descriptions and public-record references.
Staff said the acquisition supports an east–west road, a north–south road and a utility site for a water tower to provide adequate pressure for that district. The staff report said negotiations remain in progress and the city's offer is approximately $220,000 lower than the property owner's attorney's counter-offer; staff said the council is authorizing the action now out of caution to meet project timelines.
"We hope to get past that. We hope to not have to go forward. But because of the timelines associated with our projects out there, we're doing this in abundance of caution," staff said.
Council voted to authorize the exercise of eminent domain powers and related acquisition steps under resolution R2026-64; the motion passed 6–0.
Staff and the city attorney will continue negotiations and report back to council if litigation or additional steps become necessary.
