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Pearland council authorizes eminent domain filings for Lower Kirby road project
Summary
The council voted 7–0 on May 11, 2026, to adopt a resolution authorizing staff and the city attorney to pursue acquisition steps — including eminent domain filings if necessary — for a small tract needed for the Lower Kirby road project; staff said negotiations will continue.
Pearland — The City Council on May 11 adopted a resolution authorizing the city to pursue acquisition steps, including filing eminent domain pleadings if necessary, to obtain a fee interest and an easement for a road and utilities project in the Lower Kirby area.
City staff described the parcel as approximately 0.4168 acres of fee interest and a 0.0815-acre easement needed for right-of-way and utility work. Staff said an earlier offer letter omitted a corner clip included in the appraisal, prompting an updated resolution to reflect the correct appraisal basis.
Staff also reported that the property owner, William D. Barrios, submitted a counteroffer seeking $2.5 million rather than the city's figure as relayed in the staff presentation; staff characterized that amount as the owner's opinion and said they had not received written comparables substantiating that valuation. "We feel as though it's it's best to initiate that eminent domain proceeding, and we hope to resolve it without the necessity of actually having a trial on the case," staff said.
Council asked about design and construction timing (staff said the developer is leading design and moving toward a design contract) and whether negotiations would continue after filings; staff said negotiations commonly continue and the city seeks amicable resolution, possibly resolving possession first and value later through a special commissioner's hearing.
The resolution passed on a recorded vote of 7–0, authorizing the city attorney and other officials to take actions necessary to acquire the property by donation, purchase, or eminent domain.
What it means: Adoption of the resolution allows the city to proceed with acquisition steps while preserving the option to negotiate a settlement; initiating the process helps keep the road project on schedule per staff.
Next steps: Staff may file pleadings and continue negotiations; if unable to agree on value, the special commissioner's hearing process or later litigation could determine compensation.
