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Screenshots of a video made by Keith Preston, of his father Robert Preston's property, which is part of a resolution passed by Bandera City Council for eminent domain.
November 20, 2024
City passes resolution for eminent domain
By Jessica Nohealapa’ahi
The Bandera Prophet
“I got a letter that the city had approved starting eminent domain on my property,” Robert Preston said last week during City Council’s public forum. “It breaks my heart. Where would I go?”
Preston, who owns and lives on 2.38 acres on Old Hondo Hwy., said over the years, he had received propositions from the city to purchase his property, which he declined each time. Preston said his most recent visit was Sept. 20, when City Administrator Stan Farmer presented him a contract, offering $200,000.
“I declined again,” Preston said. “That’s my homestead. I was born on 14th Street 83 years ago. My parents bought the place in the mid-1940s. I was raised there.”
Preston said he received a letter dated Oct. 31, stating the city had begun the process of claiming eminent domain for his land and three-bedroom, two-bath home, which he purchased from his father and moved back into 31 years ago.
“My wife had Alzheimers. I lost her two years ago. She’s buried in the Bandera Cemetery,” Preston said, adding he and his wife remodeled the house, planted trees and improved the property over the last three decades. “Why are they going to evict an old man like me?”
On Oct. 22, City Council met in closed session to deliberate the purchase, exchange, lease or value of real property. Following closed session, council unanimously approved Resolution 2024-038, authorizing the power of eminent domain for the acquisition of property for the construction of a wastewater treatment plant.
Texas Local Government Code authorizes the city to take private property and convert it into public use. However, the Fifth Amendment requires governments to provide compensation to owners, in accordance with fair market value.
The resolution includes eight potential properties, though Farmer said not all are needed for the wastewater treatment facility. He said the city needs approximately 10 to 15 acres, and hypothetically, if someone offered to sell part of their acreage from one of the larger tracts, the rest of the properties identified would no longer be part of the project, subject to council approval. Otherwise, the four smaller, contiguous tracts, including Preston’s, would be needed.
The properties listed include 15 acres of a 44.2-acre tract; 15 acres of a 35.68-acre tract; 15 acres of a 43.6-acre tract; 15 acres of a 68.13-acre tract; a 2.01-acre tract; an 8.26-acre tract; a 1.140-acre tract; and Preston’s property.
Farmer said the city has made formal offers, and is open to counter offers from landowners. For now, no hard deadline has been determined to finalize negotiations.
Preston said he was advised to hire a private appraiser, and is consulting an attorney, but is unsure whether he’ll be able to afford the expense.
“Why am I expected to give up my place,” Preston said, adding his home is his, and his family’s heritage. “I’m just an old man.”
Preston, who owns and lives on 2.38 acres on Old Hondo Hwy., said over the years, he had received propositions from the city to purchase his property, which he declined each time. Preston said his most recent visit was Sept. 20, when City Administrator Stan Farmer presented him a contract, offering $200,000.
“I declined again,” Preston said. “That’s my homestead. I was born on 14th Street 83 years ago. My parents bought the place in the mid-1940s. I was raised there.”
Preston said he received a letter dated Oct. 31, stating the city had begun the process of claiming eminent domain for his land and three-bedroom, two-bath home, which he purchased from his father and moved back into 31 years ago.
“My wife had Alzheimers. I lost her two years ago. She’s buried in the Bandera Cemetery,” Preston said, adding he and his wife remodeled the house, planted trees and improved the property over the last three decades. “Why are they going to evict an old man like me?”
On Oct. 22, City Council met in closed session to deliberate the purchase, exchange, lease or value of real property. Following closed session, council unanimously approved Resolution 2024-038, authorizing the power of eminent domain for the acquisition of property for the construction of a wastewater treatment plant.
Texas Local Government Code authorizes the city to take private property and convert it into public use. However, the Fifth Amendment requires governments to provide compensation to owners, in accordance with fair market value.
The resolution includes eight potential properties, though Farmer said not all are needed for the wastewater treatment facility. He said the city needs approximately 10 to 15 acres, and hypothetically, if someone offered to sell part of their acreage from one of the larger tracts, the rest of the properties identified would no longer be part of the project, subject to council approval. Otherwise, the four smaller, contiguous tracts, including Preston’s, would be needed.
The properties listed include 15 acres of a 44.2-acre tract; 15 acres of a 35.68-acre tract; 15 acres of a 43.6-acre tract; 15 acres of a 68.13-acre tract; a 2.01-acre tract; an 8.26-acre tract; a 1.140-acre tract; and Preston’s property.
Farmer said the city has made formal offers, and is open to counter offers from landowners. For now, no hard deadline has been determined to finalize negotiations.
Preston said he was advised to hire a private appraiser, and is consulting an attorney, but is unsure whether he’ll be able to afford the expense.
“Why am I expected to give up my place,” Preston said, adding his home is his, and his family’s heritage. “I’m just an old man.”