The bill aims to limit the exercise of eminent domain for constructing electrical transmission facilities on agricultural lands in Washington State. It recognizes the importance of agricultural lands as a vital resource for food security and economic vitality, while also addressing the increasing demand for electrical infrastructure. The legislation mandates that condemning authorities must demonstrate that all feasible alternatives on public lands and existing rights-of-way have been exhausted before they can exercise eminent domain on agricultural land. This includes a requirement for a comprehensive evaluation of potential corridors on public lands and a detailed explanation if agricultural land is to be used.
Key amendments to existing laws include provisions that explicitly prohibit the use of eminent domain on agricultural land for electrical transmission facilities unless it is proven that no feasible alternatives exist. The bill also establishes a new burden of proof for condemning authorities, requiring them to provide clear and convincing evidence of their efforts to utilize public lands before condemning agricultural land. Additionally, the bill outlines definitions for "agricultural land," "public lands," and "feasible alternative," ensuring clarity in the application of these terms within the context of eminent domain proceedings.
Statutes affected: Original bill: 80.50.060, 54.16.020, 35.84.030, 80.32.060