Okanagan Odyssey Goes On: Washington Supreme Court to Review Case Involving Condemnation of State Lands for Transmission Right of Way

November 12, 2013

The long litigation road walked by Okanogan County PUD to build a short transmission line has just gotten a bit longer. On November 7, the Washington Supreme Court granted review of a Court of Appeals decision concluding that Washington's Public Utility Districts have statutory authority to condemn state school lands if those lands have not been withdrawn for a particular purpose. As explained here, this is the latest development in Okanagan PUD's attempt to build a segment of lower-voltage transmission line covering roughly 35 miles between Pateros and Twisp. The PUD started planning the line in 1996 in order to maintain reliable electric service in Okanogan County.

The Supreme Court will review the Appeals Court's determination that Washington's PUD statute allows Okanogan PUD to condemn state school trust lands by authorizing PUDs to "condemn . . . public and private property . . . including . . . school lands" for transmission lines and other facilities "necessary or convenient" for the PUD to carry out its statutory purposes and the Department of Natural Resource's countervailing argument, based on its own statute, that school trust lands are not subject to condemnation. The question is important not just to PUDs, but also to other Washington municipalities such as cities, towns, and Port Districts, all of which have similar statutory condemnation authority. The Court will hear oral argument in late February of 2014, with a decision likely following several months thereafter.

If you have any questions about the Court of Appeals opinion discussed in this post, the Washington PUD statutes, condemnation, or Washington real property law, please contact a member of GTH's Energy, Telecommunications, and Utilities practice group or Environment & Natural Resources practice group. These practice groups are consistently recognized as among the best, both nationally and in the Pacific Northwest. In addition, our Real Estate & Land Use practice group is recognized as one of the region's best and our partner Warren Daheim, who specializes in condemnation and eminent domain matters, was recently recognized as the best lawyer in the South Puget Sound region by South Sound Magazine.