Reference
RECENT DEVELOPMENTS ON EMINENT DOMAIN – SENATE BILL 1755
Why LEAPS is not economically viable
What credible persons and agencies say
Lies, Inaccuracies, and Misleading Statements
References, documents and links
Recent developments on eminent domain
Additional impetus for EVMWD to withdraw from the power line portion of the LEAPS Project is provided by SB1755, which was passed by the California Legislature in 2002. The bill was quite popular, and was approved by all Senators and all but one Assembly Member. A key provision of the bill prohibits Districts from acquiring property employed in the generation and delivery of electrical power except by mutual agreement between the District and the property owner. In other words, EVMWD is enjoined from using eminent domain authority to support an electrical generation and delivery project. By extension, these protections extend to the use of private roads and drives to access electrical infrastructure. Based on research of this particular bill, it appears that this provision was included because the California Legislature wisely intended to safeguard private property from seizure for purposes that are outside of a Municipal Water District’s charter (such as electricity generation and delivery).
Interestingly enough, FERC may try to subvert the protections secured by SB 1755 by conferring eminent domain authority upon EVMWD’s partner, Nevada Hydro. If so, FERC is under the mistaken impression that SB 1755 merely enjoins EVMWD from taking property by eminent domain for an electrical generation project and does not burden the project itself with this prohibition. However, as a co-applicant on the LEAPS Project , EVMWD would benefit from, and be a party to, any eminent domain action undertaken pursuant to the LEAPS license. Therefore, EVMWD should be disabused of the notion that 1) FERC’s scheme ensures compliance with SB1755 and 2) EVMWD is insulated from legal action should any eminent domain actions occur as part of the LEAPS Project.
Simply put, EVMWD’s participation in the LEAPS power line Project as proposed violates several provisions of the State Water Code, because EVMWD is not authorized to 1) transmit electricity it did not produce, 2) be a market participant in the California electrical transmission grid, and 3) Be party to any eminent domain actions pursuant to an electrical generation/delivery project.
Prepared by
Jacki Ayer