Letters to the Editor
Letter to the Editor | About those eminent domain powers …
PenMet clearly has the power of eminent domain:
RCW 35.61.130
(1) A metropolitan park district has the right of eminent domain, and may purchase, acquire and condemn lands … for public parks, parkways, boulevards, aviation landings and playgrounds, and may condemn such lands to widen, alter and extend streets, avenues, boulevards, parkways, aviation landings and playgrounds, to enlarge and extend existing parks, and to acquire lands for the establishment of new parks, boulevards, parkways, aviation landings and playgrounds …
A Metropolitan Park District can acquire property through Eminent Domain, but that power can only be exercised to acquire “…public parks, parkways, boulevards, aviation landings and playgrounds …” This power is further delineated to accomplish the following purposes: “…to widen, alter, and extend streets, avenues, boulevards, parkways, aviation landings and playgrounds, to enlarge and extend existing parks, and to acquire lands for the establishment of new parks, boulevards, parkways, aviation landings and playgrounds.” Let’s assume that any statute granting the power of eminent domain is interpreted strictly to prevent government overreach when acquiring private property without the consent of the owner. I think that’s a fair assumption.
Let’s compare this statute to other special purpose districts:
Diking, drainage, sewerage improvement, and flood control districts
RCW 85.38.180
A special district may:
(5) Acquire, purchase, condemn by power of eminent domain pursuant to chapters 8.08 and 8.25 RCW, or lease, in its own name, necessary property, property rights, facilities, and equipment.
No specific purpose, just whatever is “necessary.”
Fire Protection Districts
RCW 52.12.041
The taking and damaging of property or property rights by a fire protection district to carry out the purposes of its organization are declared to be for a public use. A district organized under this title may exercise the power of eminent domain to acquire property or property rights either inside or outside the district, for the use of the district.
The property must be used for a “public purpose.”
Mosquito Control Districts
RCW 17.28.160
A mosquito control district organized under this chapter may:
(1) Take all necessary or proper steps for the extermination of mosquitoes.
(2) Subject to the paramount control of the county or city in which they exist, abate as nuisances all stagnant pools of water and other breeding places for mosquitoes.
(3) If necessary or proper, in the furtherance of the objects of this chapter, build, construct, repair, and maintain necessary dikes, levees, cuts, canals, or ditches upon any land, and acquire by purchase, condemnation, or by other lawful means, in the name of the district, any lands, rights-of-way, easements, property, or material necessary for any of those purposes.
“Necessary or proper” is the standard here.
Port Districts
RCW 53.08.010
A port district may acquire by purchase, for cash or on deferred payments for a period not exceeding twenty years, or by condemnation, or both, all lands, property, property rights, leases, or easements necessary for its purposes and may exercise the right of eminent domain in the acquirement or damaging of all such lands, property, and property rights…
Whatever is “necessary for its purposes.”
None of these statutes provide a specific list like RCW 35.61.130 does. I think it’s safe to say these grants of power are far broader than the very limited grant given to a Metropolitan Park District.
In addition, there are three types of park districts in Washington:
- Park and recreation districts (Ch. 36.69 RCW)
- Park and recreation service areas (RCW 36.68.400 – .620)
- Metropolitan park districts (Ch. 35.61 RCW)
Only a Metropolitan Park District is granted the power of eminent domain.
And look at this statute:
RCW 36.68.090 (Chapter 36.68 allows for the creation of park and recreation service areas)
Any county, acting through its board of county commissioners, is empowered to build, construct, care for, control, supervise, improve, operate and maintain parks, playgrounds, gymnasiums, swimming pools, field houses, bathing beaches, stadiums, golf courses…
This statute clearly shows the legislature had golf courses in mind when dealing with county park districts. This makes it highly significant that the legislature chose NOT to include golf courses in RCW 35.61.130. It was not an inadvertent decision, but an intentional omission.
The broad powers of eminent domain granted certain special purpose non-park districts are, to me, another indicator. The legislature intended to keep the power of eminent domain for park-related special districts extremely limited.
I would like PenMet to answer these questions:
- Is Madrona a public park?
- Is Madrona a parkway?
- Is Madrona a boulevard?
- Is Madrona an aviation landing?
- Is Madrona a playground?
We all know the answers don’t we?
PenMet: Would you be willing to host a public town hall meeting where PenMet can tell its side of the story and the Tyson family can tell theirs? I think that meeting would be well attended and informative.
Craig McLaughlin
Fox Island
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