“Negotiations to purchase the McMonigle Water Rights continue, and an anticipated court hearing was postponed until July…
The McMonigles were willing to sell their water rights for $5,000 per acre foot.
The city was offering $2,500 per cubic foot.
Yelm council passed an ordinance last November to start exercising the citys right to use eminent domain to secure those rights…
The city has believed from the beginning, and continues to believe, that this is a good, solid transfer, said Badger [Shelly Badger, city administrator for the City of Yelm]…
City officials said the move was considered to help secure the rights. The city has spent $200,000 trying to secure them…
The city is seizing only the transferable portion of their water.
Water will remain in the familys ownership for the familys personal use.
‘We will fight the condemnation and I believe we will win,’ said Charlotte (McMonigle) Zinski. ‘I believe the price is fair,’ quoting the NVN.
Covered here previously on this issue, in depth (click on each title below to access the full story):
– CITIES’ ABUSE OF EMINENT DOMAIN COVERED ON KIRO-FM RADIO
– STUDY: “…WASHINGTON NEEDS EMINENT DOMAIN REFORM”
– MCMONIGLES RESPOND TO CITY’S CONDEMNATION OF THEIR WATER RIGHTS
– CITY COUNCIL ‘STANDING ROOM ONLY’ FOR WATER ISSUES
– CITY OF YELM SEEKS TO CONDEMN CITIZEN’S WATER RIGHTS
KEY POINTS NOT COVERED BY THE NVN FRONT-PAGE STORY THIS WEEK:
1. The city has no approved Water System Plan (WSP).
2. The city is going to continue to sink more thousands of dollars into seizing these Water Rights. ($200,000 to date, wow!).
3. “Ecology REVERSED the decision of the Thurston County Conservancy Board on July 20, 2009” and says the McMonigle water right may not be a transferable right and may not be valid.
If so, why is the city still pursuing these rights, already to the tune of $200,000 in legal fees?
4. The City of Yelm Draft Water System Plan points out that one of the city’s needs for such a huge water supply is for developments, especially Multi-Panned Communities (MPCs).
5. Eminent Domain is NOT to be used to support developers who want to build large developments, which is what cities do to abuse eminent domain and one of the reasons why Washington needs eminent domain reform!
The report ‘The Use and Abuse of Washingtons Community Renewal Law,’ concludes that…home and small-business owners of the Evergreen State are not protected from eminent domain abuselocal government officials can take anyones property and sell it to a developer for private gain.”
Even KIRO-FM radio talk show Dory Monson said on-air:
“…for government to take property to spur economic development is a gross misuse of the whole intent of eminent domain, isn’t it?”
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