Eminent domain may be next step in ongoing water treatment plant negotiations

Michael Hutchins, Herald Democrat
·2 min read

The city of Sherman is preparing to potentially declare eminent domain in order to obtain land for future water production improvements.

The decision by council comes just one month after the city agreed to pay $1.54 million for the nearly 40 acres of land adjacent to the water treatment plant. However, discussions have stalled since then and the city is looking at alternatives if discussions prove to be ineffective.

The City Council voted unanimously Tuesday night that there was a public necessity to acquire the land by eminent domain, setting the stage for the city to use one of its more powerful tools.

"We are still working with adjacent property owners to the water treatment plant to acquire this property and others around, but if that process falls apart, the next step of the process would be condemnation," Assistant City Manager Clint Philpott said Tuesday.

The city of Sherman hopes to not use eminent domain to acquire land for future water treatment plant expansions, but it prepared to, if need be, Sherman officials said.
The city of Sherman hopes to not use eminent domain to acquire land for future water treatment plant expansions, but it prepared to, if need be, Sherman officials said.

The land at the heart of the disagreement sits at the southwest corner of La Cima Road and FM 691, next to the water treatment plant. While the city has no definitive plans for the property, officials said it will likely be used for the expansion of the plant or as a secondary storage pond for the surface water system.

As a part of negotiations, the city offered the owners of the property $38,500 per acre for a total of $1.54 million. Sherman Community and Support Services Manager Nate Strauch said the city considers the contract active and valid.

"It is not clear at this point if the counter party will honor their contract," he said.

While the council has given its blessing to use eminent domain, Strauch said this does not mean the city will immediately use this tool. Instead, it will be used only if discussions continue to be unproductive.

"Any time the city knows eminent domain could be a possibility, we like to pass that resolution through the city council as early in the process as possible to ensure that we can come to an outcome in a timely manner," Strauch said.

This isn't the first time in recent years that the city has considered using eminent domain or that the council has approved its use, however, it rarely is ultimately used and often an alternative is found.

Eminent domain was previously considered in the expansion of FM 1417, work on Lamberth Road and a small piece of West Travis that halted construction of the new roadway.

This article originally appeared on Herald Democrat: Eminent domain may be next step in ongoing water treatment plant negotiations