Title
Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire fee simple title to 0.0460 acre of land from property owned by MS Realty Holdings, LLC required for the proposed N. Mays Gap Project.
Body
The City's initial appraised value for this parcel effective as of July 25, 2023 was $20,063. The City has engaged in additional discussions with attorneys for the owner, but no substantive resolution has been reached following the initial offer (8.11.23) or final offer (10.9.23) correspondence. (Parcel 5)
This resolution reserves the City's right to use eminent domain to acquire this tract should it become necessary.
EMINENT DOMAIN MOTION LANGUAGE REQUIREMENTS
Mayor and Council:
The Texas Government Code §2206.053 has very specific requirements for the motion to authorize eminent domain proceedings. In order to make certain that we comply with these statutory requirements, I recommend that the motion to adopt the resolution be read aloud as follows:
“I move that the City Council approve this resolution which authorizes the use of the power of eminent domain to acquire fee simple title to the following parcel of land for the proposed N. Mays Gap Project: a 0.0460-acre tract of land from property owned by MS Realty Holdings, LLC, as described in Exhibit A of the resolution.”