The overview
In a 4-3 vote May 13, Cibolo City Council approved a resolution providing notice and intent to acquire property owned by multiple private landowners for the reconstruction of Tolle Road by donation, purchase or eminent domain. Council members Joel Hicks, Katie Cunningham and Norma Sanchez-Stephens were the three dissenting votes.
“A lot of these are easement acquisitions, not actual land acquisitions. The land acquisitions are more for the turn lanes,” Public Works Director Julio Gomez said.
Zooming in
The project—which includes full reconstruction of Tolle Road and drainage improvements in the area—was approved by voters in November 2018 as part of Proposition C. The city needs to acquire 13 easement acquisitions for the reconstruction and drainage improvements to handle a five-year flooding event, according to agenda documents.
Easements are the legal right to use someone else's private property for a specific purpose, according to the Texas State Law Library.
In 2024, city staff began working with residents for right of entry to proceed with survey work and submit wastewater line construction plans to the Texas Commission on Environmental Quality—which received approval in August. By the end of 2024, seven of 13 property owners signed ROE forms, but the remaining six have yet to be signed, which means the city will be unable to proceed to construction, agenda documents state.
Zooming out
In March 2020, the council authorized its city manager to execute an agreement for Lockwood, Andrews & Newman Inc. to provide professional engineering and surveying services for the project, according to agenda documents.
In March 2023, council approved the reallocation of up to $1.6 million from American Rescue Plan Act funds to the project. Cibolo City Council updated its five-year Capital Improvements Plan during the summer and placed the project on hold until fiscal year 2025-26 for further consideration during the next annual budget process, according to agenda documents.
Town halls updating residents about the project were held in August and October 2023. In January 2024, City Council discussed final design plans.
What the dais is saying
Council member Katie Cunningham said she is never going to be in support of eminent domain and wanted to ensure the city was keeping residents in mind.
“We also have to be respectful of their property rights,” Cunningham said.
Mayor Mark Allen said the easements mainly consist of land by the frontage road.
“It’s not taking their front yard or their backyard or anything that they're using on their property,” Allen said.
