STRATEGIC PRIORITY: Sustainable
AGENDA DATE: June 11, 2025
COUNCIL DISTRICT(S):|910|DEPARTMENT: Dallas Water Utilities Department
EXECUTIVE: Dev Rastogi
______________________________________________________________________
SUBJECT
Title
Authorize the deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. LUTHER ALEXANDER YOST, et al., Cause No. CC-24-02935-E, pending in Dallas County Court at Law No. 5, for acquisition from LUTHER ALEXANDER YOST, et al., for an irregularly shaped unimproved tract of land containing approximately 1,654 square feet on Brookhaven Drive near its intersection at Interstate Highway 35 for the construction of erosion control improvements - Not to exceed $25,128.97 ($22,128.97, plus closing costs and title expenses not to exceed $3,000.00) - Financing: Storm Drainage Management Capital Construction Fund
Body
BACKGROUND
On October 11, 2023, the City Council authorized an acquisition from the Estate of Luther Yost, of an irregularly shaped, unimproved tract of land containing approximately 1,654 square feet on Brookhaven Drive near its intersection at Interstate Highway 35 to be used for the construction of emergency erosion control improvements by Resolution No. 23-1413. The construction of emergency erosion control improvements was necessary to protect Brookhaven Drive where the creek bank had eroded and encroached upon the road.
The City was unable to locate living heirs to the estate to make an offer in the amount of $2,481.00, which was based on a written appraisal from an independent certified appraiser. On January 10, 2024, the City Council authorized a condemnation proceeding by Resolution No. 24-0132, and the City filed an eminent domain proceeding to acquire the property. After a hearing before the Special Commissioners on November 18, 2024, the property was held, and the heirs to the estate were awarded $22,128.97. This item authorizes the deposit of the amount...
Click here for full text