I don't know how I missed this one. Evidently Idaho Power's eminent domain in Idaho isn't always a done deal, when the municipality Planning and Zoning hangs together as Kuna's has done.
Meetings set on the power line proposal BY JOE ESTRELLA - Published: 06/01/09 http://www.idahostatesman.com/localnews/story/787803.html
The Ada County Board of Commissioners will lend a hand in trying to resolve a conflict between the city of Kuna and Idaho Power over the utility's plan to run about six miles of its 500,000-volt Gateway West Transmission Line project through the city. . .
Finding another route around Kuna for the project became essential Wednesday after the city's Planning and Zoning Commission unanimously approved a comprehensive plan that does not include provisions for the power lines.
The City Council still must approve the plan, but the P&Z recommendation means it considers the project contrary to Kuna's long-term growth plan.
It also means that Idaho Power will not be able to get the special-use permit it would require to run the lines inside the city, effectively trumping the utility's ability to use eminent domain to seize the land in Kuna, according to Boise land-use attorney Gary Allen.
"They could invoke eminent domain, but they still couldn't get a special-use permit," Allen said. . .
