Thursday

Vancouver Washington Eminent Domain | Blue Bridge Pipeline Project

The Blue Bridge Pipeline project is a joint venture between Williams' Northwest Pipeline and Puget Sound energy to construct a pipeline to transport natural gas from Stanfield, Oregon to the Pacific Northwest. The project will involve the construction of up to 157 miles of 30 inch or 36 inch diameter pipeline. Construction is scheduled to begin in the fall of 2012, assuming all environmental and permitting requirements are fulfilled. General information about the Blue Bridge Pipeline can be found here.

A map of the Blue Bridge Pipeline Project can be found here. The red indicates where the new pipeline will be going. This means that landowners in Benton County and Klickitat County, including the towns of Plymouth, Roosevelt, and Goldendale, and Skamania County and Clark County, including the towns of Willard and Washougal, and Lewis County, including the town of Chehalis, could potentially be subject to eminent domain for these projects.

The interesting thing about this project is where the Blue Bridge Pipeline will be located. Although it is expected to run next to an existing pipeline, the land required for the new pipeline is not within Williams' Northwest's easement. What does this mean? The threat of eminent domain along the entire pipeline corridor is a real possibility. And Williams' Northwest acknowledges this in response to an editorial on Columbian.com on April 2, 2009. You can see the response here, but this is the response, in full:
As an agent for The Williams Companies, Inc., I’d like to respond to Brenda Lexa’s March 11 letter, "Pipeline route hasn’t been decided," regarding how we will acquire land rights on the Blue Bridge Pipeline project. When selecting a route, we try to minimize the impact to landowners and the environment. If landowners have concerns about the route through their property, we’ll look for opportunities to move the route to another part of their property.

We’ve contacted landowners about surveys; however, acquisition will not begin until fall 2010. Offers to secure land rights are based on practices typically used by appraisers to determine fair market value. Landowners are encouraged to review the offers, consult with an appraiser or attorney, and provide the Williams’ land agent with supporting material helpful in determining final compensation.

Landowners are concerned over the use of eminent domain. We negotiate fairly and equitably. We recognize our responsibilities to communities and landowners we affect.

Visit the project at www.bluebridgepipeline.com.

Rodney Gregory
Redmond
Now, what this response fails to outline fully is that Williams' Northwest will most likely have the power of eminent domain, and will use it if they have it. Not only does this greatly alter the leverage of the parties, it creates a situation where it is more likely that landowner will not be treated fairly.

As I've outlined previously, in cases like this, where only a portion of the land is going to be taken Washington eminent domain valuation goes something like this: take the value of the entire parcel before the taking, minus the value of what is left after the taking, and you have the value of what has been taking. Naturally, the people that want your property are in favor of the pipeline, meaning their views of the detrimental effects of the pipeline to your property will probably be written off as negligible.

However, in reality, the effects to your property can be quite large. Damage to irrigation systems and wells, damage due to crop loss (both existing crops and the inability to farm the land lost in the future, including irrigation paths and other issues), soil compaction, utility corridor, stray voltage, stigma factors, severance of your property, literature, and terrorist potential all have the possibility of negatively affecting the value of your remaining property. These factors should be seriously considered when valuing your property, and I am fairly confident they will not be discussed in the pipeline's appraisal of your Clark, Klickitat, Lewis, and Skamania County property (you can ask for a copy of their appraisal, and if they are sincere in what they say they will give you one - this information is vital to adequately negotiating the sale of your property).

The one thing I agree with from the editorial response is this: you need to get an experienced Washington eminent domain lawyer to help you through this process. By law, you get $750 to have your offer reviewed, and although it will cost more than that to have a lawyer represent you through the entire process, the difference in value received can be exponential. Thousands of dollars could be left on the table without the help of a professional to negotiate the sale of your property that is subject to eminent domain.

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Condemning authorities have attorneys working for them, and so should you. If your Washington land is being taken by eminent domain please contact a Washington State eminent domain attorney for a consultation today.