Normandy Park was created as a city just over fifty years ago largely to provide a means for the local residents to counter a threat of Southwest Suburban Sewer District (SWSSD) to exercise its power of eminent domain over the Cove property to build a sewer treatment plant. In that case, an accomodation was reached and the current Miller Creek Sewer Treatment plant was built higher up on Miller Creek but within the jurisdiction of the new city. Nonetheless there are still Normandy Park residents that are concerned about the ability of the SWSSD to exercise the power of eminent domain within the city. This page is an attempt to diffuse that concern with regard to Sewer District Annexation.
First, we must all recognize that the SWSSD does have the power of eminent domain under RCW 57.08.005. They had it in 1953, they have it now, and they will have it totally independent of this Sewer District Annexation effort. SWSSD has the power "to acquire by purchase or condemnation or both all lands, property and property rights, and all water and water rights, both within and without the district, necessary for its purposes." The SWSSD Attorney's office stated (in an e-mail), "Therefore, the proposal to annex Normandy Park into the District does not affect the District's condemnation authority in any way." Whether we annex or not will make no change in this right. It is given to them by state law and nothing the citizens or the city can do will remove it.
Still they can only exercise that power when they have a legitimate need for the property that they condemn. They must pay the owner for the property that they take. And they must answer to the voters in the next election.
Given that SWSSD has the power of eminent domain, it would seem to make a strong case for annexation because then there would be more voters with the best interests of Normandy Park to select commissioners who are responsive to the wants and desires of the citizens of Normandy Park.
Please sign the petition for an annexation election, and please vote YES to annex.
Created 7 Aug 2003, Last Modified 26 March 2004
© 2003-2004 CANPS
URL: http://canps.home.comcast.net/eminentdomain.html
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Disclaimer: This page (and, in fact, this entire web site) was constructed by a private citizen who is not an attorney. Nothing on this site should be construed as legal advice. If you want a legal opinion about this matter, contact your own attorney. If you learn anything of use to the preparers and distributors of this petition, please let us know. We do NOT want to do anything that would in any way harm the quality of life we have in Normandy Park.