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Waxahachie council authorizes eminent domain resolution to secure sewer, water and drainage easements for school-area infrastructure
Summary
Council approved a resolution authorizing use of eminent domain procedures to acquire utility easements needed for Old Italy Road realignment and sewer service to a new high school, saying the step is a negotiating tool after protracted negotiations with a landowner.
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The Waxahachie City Council approved a resolution authorizing the use of eminent domain procedures to acquire sewer, water, drainage and temporary construction easements necessary to realign Old Italy Road and install utilities to serve the new high school and surrounding properties.
City staff described prolonged negotiations with a property owner that have delayed needed easements. James (city staff) said the city had negotiated for more than a year, had increased sewer capacity in design to anticipate future growth and had attempted alternative routes, but remained at an impasse on required easement signatures. He said the resolution is intended as a tool to preserve the project schedule and to provide negotiating leverage; staff emphasized they still prefer negotiated agreements.
Council raised questions about the proposed project, the owner's requested conditions (including reserving sewer capacity for unspecified future uses) and the potential consequences of reserving capacity that could affect other future development. Council also noted timing sensitivity because sewer and roadway infrastructure are necessary for school connections. The resolution authorizes appointment of appraisers and negotiators, allows the mayor to set just compensation and authorizes condemnation proceedings if purchase negotiations fail.
Council conducted the vote under the roll-call format required by state law for eminent domain matters; council approved the resolution. Staff said they expect continued negotiations but that the resolution provides necessary leverage to keep the project on schedule.
