McKinney City Council allows eminent domain on properties for highway reconstruction

McKinney Courier-Gazette
By Winston Henvey / Star Local Media
October 19, 2023

As construction continues on widening State Highway 5, the McKinney City Council unanimously gave city staff permission to enact eminent domain on four properties for temporary construction easements, as well as for water and sewer easements.

The item of four resolutions provides authority to the city to acquire property rights and the use of eminent domain while the Texas Department of Transportation reconstructs Highway 5. According to Engineering Director Gary Graham, TXDoT told the city that it needed to move its water and sewer lines during the construction process, as well as provide a temporary construction easement. Because the road abuts to private properties along the highway, the city began negotiations with its neighboring property owners.

The four properties include a business along Highway 5 and Virginia Street; a building at McDonald Road and Davis Street; a business at N. McDonald Road and Spur 399 and a strip mall at Lamar Street and Highway 5.

All resolutions to enact eminent domain were approved unanimously as part of one item.  

According to Graham, the four properties where the city’s implementing eminent domain came from a lack of agreement with the property owners. The city, while temporarily using the property easement, offered compensation to the property owner based on the assessed property value.

 “This is not taking property," Graham said. "This is a process to determine the value of compensation for the property owner.” 

According to Graham, the four eminent domain cases will be taken to a county commissioner’s court for review.