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Commissioners authorize eminent domain to acquire land for Bullhide Creek Road safety realignment
Summary
McLennan County Commissioners voted unanimously April 7 to authorize using eminent domain, if necessary, to acquire 0.984 acres from Phylliss Snowden for a road realignment to protect Bullhide Creek Road from erosion. The court also directed county counsel to initiate proceedings if negotiations fail.
McLennan County Commissioners on April 7 voted unanimously to declare a public necessity and authorize the initiation of eminent domain proceedings to acquire about 0.984 acres along Bullhide Creek Road known as the Phyliss Snowden tract.
County Judge Scott M. Felton told the court the acquisition is needed “to relocate the road further away from the creek due to erosion that is threatening the road” and to protect public safety. Commissioners approved a signed order directing county counsel and outside attorneys Haley & Olson, P.C., to pursue eminent domain if a negotiated purchase cannot be reached.
The order finds the land is needed for right-of-way and road construction and sets out that the county made an appraisal-based offer that the property owner rejected. It authorizes counsel to file a condemnation case and to take the steps necessary to obtain fee title if negotiations fail.
The document attached a metes-and-bounds description of the parcel and directed staff to pursue acquisition steps, including title work and, if required, litigation. The court also recorded that the county will attempt to negotiate a sale before resorting to condemnation procedures.
Next steps: county staff and counsel were authorized to proceed with appraisal follow-up, title clearance and—if necessary—filing a petition in district court to acquire the described tract. The order passed 5–0.
