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Council to weigh eminent domain power Tuesday for a 7.5-mile Clear Creek sewer line

The Clear Creek Interceptor would run along Milam Creek from I-35 and Ganzer Road to the Clear Creek Water Reclamation Plant, and staff want condemnation authority if talks with landowners stall.

Isabel Abbott

October 11, 20262 min read

Civic sewer planning - illustration, Jake Team LLC

Denton wants to lay about 7.5 miles of large sewer main along Milam Creek in the northeast part of the city, and on Tuesday, Oct. 13, the City Council will be asked to let the city take the land rights it needs through eminent domain if it cannot buy them.

The project, called the Clear Creek Interceptor in city documents, would start near Interstate 35 and Ganzer Road and follow Milam Creek east to where it meets Clear Creek. From there it would continue past FM 428, also known as East Sherman Drive, north of Hartlee Field Road, ending at the Clear Creek Water Reclamation Plant.

A staff summary says the line is part of the city's Wastewater Master Plan and is meant to carry flows from the growing Clear Creek basin, with large-diameter gravity mains and multiple access structures sized for future demand.

What the city needs

The agenda information sheet lists these property interests needed to build the line, 41 in all:

  • 18 permanent wastewater easements
  • 5 access easements
  • 18 temporary construction easements

The ordinance would authorize the city manager and city attorney to make the offers state law requires and to buy the easements by agreement where possible. If talks reach an impasse, it would allow the city attorney to file condemnation cases, with owners paid as state law requires. Staff say the authority is meant to keep the project from being delayed.

The item is listed in its own section of the agenda for eminent domain votes, and the recommended motion says the first recorded vote would apply to every property covered.

Timeline and cost

The council hired Kimley-Horn and Associates in June 2024 for early design and due diligence on the line. City staff now estimate construction would begin in spring or summer 2027 and finish in spring or summer 2029. The easement purchases would come from a capital projects account; the agenda materials do not give a total cost for the land or the construction.

The council's regular session begins at 6:30 p.m. at City Hall, 215 E. McKinney St.

Sources

legistar2.granicus.com

legistar2.granicus.com

legistar2.granicus.com

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Isabel Abbott

Isabel Abbott covers Denton city hall, the council, and county government.

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