Judge: PUD may condemn state land

Grazing on state lands is a public use, but one not incompatible with the PUD’s transmission line, ruled Okanogan County Superior Court Judge Jack Burchard on Tuesday (May 11).

Burchard agreed with the state Department of Natural Resources and intervenor Conservation Northwest that leasing school trust lands for grazing to provide revenue for schools is indeed a public use. However, state law – in particular, a 1931 statute passed by voter initiative – grants public utility districts broad powers in acquiring the necessary properties and rights-of-way to build their electric networks.

Burchard cited several legal precedents that found condemnation could take place if it did not prevent the existing public use. Even DNR’s grazing leases specify that the land may be leased for other compatible purposes and provide for termination if all the land were taken by eminent domain, he said.

In his introduction, Burchard noted that, if successful, this action regarding the 11.63 miles of easements across DNR land would fill in “the last missing link” in the Okanogan County PUD’s 26-mile Pateros-Twisp transmission-line route.

Responding to the state’s argument that the transmission line could interfere with more valuable uses in the future, Burchard said these possibilities were too vague. “In the short run, there is obviously some detrimental effect from the powerline” and people may wish it weren’t there, but the key, said Burchard, is that its presence will not interfere with grazing. “In 100 years, power lines may be obsolete,” he said.

Even before presenting his review, Burchard observed that his ruling was likely to be appealed. Any appeal would not be based on Burchard’s analysis but would look at the issues anew. “Most believe this won’t be the final stop,” he said.

Noting the state’s interest in mitigating the impacts of the transmission line and the PUD’s interest in minimizing costs, Burchard urged the responsible officials to work together.

Attorneys for all parties signed the order of public use and necessity presented by the PUD. If the condemnation of state land is not appealed, the case will proceed to a jury trial to determine just compensation and damages.

There was no word yet on an appeal by either the state or Conservation Northwest.