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B) • ResolutionsCity of New Braunfels (Comal County)

Discuss and consider approval of a resolution of the City of New Braunfels, Texas, authorizing the use of eminent domain proceedings by New Braunfels Utilities (NBU) for the acquisition of easements that are necessary to advance and achieve the public use

Presented in: City of New Braunfels City Council - June 08, 2026 on 2026-06-08
Meeting Agenda PDF

Official Roll-Call Vote

Expands Gov't • 8.8/10 Impact Weight
PASSED (2 - 0)
“Motion to approved Item #B): Discuss and consider approval of a resolution of the City of New Braunfels, Texas, authorizing the use of eminent domain proceedings by New Braunfels Utilities (NBU) for the acquis”
TC
Toni Carter
Councilmember, District 1 (District 1)
ABSENT
MC
Michael Capizzi
Councilmember, District 2 (District 2)
YES
YES

Staff Report & Agenda Item Details

Discuss and consider approval of a resolution of the City of New Braunfels, Texas, authorizing the use of eminent domain proceedings by New Braunfels Utilities (NBU) for the acquisition of easements that are necessary to advance and achieve the public use of expanding the New Braunfels Utilities’ Water System to increase water capacity to meet existing and future needs and ensure reliability, in the event negotiations are unsuccessful: a. a permanent utility easement of 0.005 acres and a temporary construction easement of 0.042 acres being situated out of Lot 13, Pleasant View Subdivision in Comal County, Texas according to the plat thereof recorded in Volume 4, Page 54 of the Map and Plat Records of Comal County, Texas, as conveyed to Leonardo Hernandez III, Herman G. Hernandez, Yvette Hernandez Rodriguez, Yvonne Hernandez Garcia and Michael R. Hernandez by Gift Deed recorded in Document No. 201706012849, Official Public Records, Comal County, Texas, as it may have been modified by Affidavit of Correction Concerning Instrument recorded in Document No. 202006016641, Official Public Records, Comal County Texas, also known as Comal County Parcel No. 44948

Bastiat Liberty & Property Rights Analysis

This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 8.8/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).