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TxDOT would pay $750,000 for city landfill land taken for Spur 399 under settlement on Tuesday's agenda

The deal would end an eminent domain case over the city's 'landfill parcel' off Harry McKillop Boulevard. The city already received about $300,000 and would get roughly $450,000 more.

Cody Esparza

October 15, 20261 min read

McKinney City Council - illustration, Jake Team LLC

McKinney would collect a total of $750,000 from the Texas Department of Transportation for city land the state took for the Spur 399 project, under a settlement the City Council is set to approve Tuesday, Oct. 20.

The item is on the consent agenda for the 6 p.m. regular meeting. It would let the city manager accept an agreed final judgment in the eminent domain case, The State of Texas v. City of McKinney, et al.

How the case unfolded

TxDOT needed right of way from a city-owned tract on the south side of Harry McKillop Boulevard, east of State Highway 5, that the city calls the "landfill parcel," according to a memo from Director of Engineering Gary Graham and Assistant Director Tracy Lund.

The case went before a panel of special commissioners on April 30, 2024, and the commissioners filed an award. The city and the North Texas Municipal Water District objected to that award on May 9, 2024.

That October, a court ordered the county clerk to release $300,000 plus interest to the city, less fees. The city received a check for $299,975 on Oct. 22, 2024.

A mediation session at McKinney City Hall on March 12 of this year, with the city, the water district, TxDOT and a court-appointed mediator, ended without a deal. The city and TxDOT reached a settlement on Sept. 18.

The money

Under the settlement, TxDOT will pay the city $750,000 in total, minus the $299,975 already paid, leaving about $450,000 still to come. The memo lists no city spending tied to the deal.

A location map attached to the item shows the parcel along the proposed Spur 399 route near Harry McKillop Boulevard. The council meets in its chambers at 401 E. Virginia St.

Sources

legistar1.granicus.com

webapi.legistar.com

legistar1.granicus.com

legistar1.granicus.com

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Cody Esparza

Cody Esparza covers McKinney city hall, the council, and county government.

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