Thursday, May 28, 2009

Kuna P&Z to vote on power line issue

A decision not to allow such projects in city limits could trigger a fight with Idaho Power and the BLM.
BY JOE ESTRELLA 5/27/2009
http://www.idahostatesman.com/westtreasure/story/782771.html

Duane Yamamoto has been farming in the Kuna area since the community's population was only about 750. Levar Thornton is a fourth-generation farmer in the area who has about 1,500 acres of land he'd like to see developed for the city that now has almost 16,000 residents.

Both want the Kuna Planning and Zoning Commission to shoot down a municipal comprehensive plan alternative that would permit Idaho Power Co. to route a portion of its Gateway West Transmission Line project's 500,000-volt wires through the southernmost part of the city, which includes their land.

Commission staffers have proposed a plan that would prohibit any part of the project being built on private land inside the city. The P&Z commission will meet to vote on the two alternatives at 6 p.m. Wednesday at Kuna City Hall, 763 W. Avalon . . .

Yamamoto said approving the Gateway West Project's path through Kuna would put a fourth Idaho Power line on his land. The existing three already make it difficult for crop dusters to spray his peppermint, sugar beet and seed crops. "They have to fly over these lines, which means they miss some spots because if they try and fly under them they could have trouble and crash, " said Yamamoto, a former mayor of Kuna.

. . . "It (the land) would be dead for development," (Thornton) said. "You can't have development under those lines. And it would probably affect the value of the surrounding land."

. . . Idaho Power spokeswoman Lynette Berriochoa confirmed that the original plan was to route the transmission lines through the Birds of Prey area. Officials for the utility and the BLM confirm that talks have been ongoing, but Berriochoa said she was unaware of any resolution.

Meanwhile, BLM spokeswoman M.J. Byrne said the agency was open to any "suggestions from Idaho Power, or the public."

Even so, Thornton isn't hopeful. "They (Idaho Power) have the power of eminent domain, there's no doubt about that," he said. "They're going to put them (the transmission lines) where they want to put them."

Two differences in Oregon and Idaho law:
  • Oregon PUC retains the power of condemnation (eminent domain) that can be assigned to a utility only when need is proven;
  • Oregon land use laws protect Exclusive Farm Use land from uses other than farming, especially when alternative land is available.