Eminent domain could be used to secure new well site near Judd Street in Lacey
Lacey needs a new water well near Judd Street, but after months of negotiations with the property owner, the city might invoke its powers of eminent domain, the city council learned on Thursday.
Eminent domain is the right of the government to take, or to authorize the taking of, private property for public use, with just compensation being given to the owner.
Lacey has an existing well in the area of Judd Street and 23rd Avenue, between College Street and Ruddell Road, known as “Well Source No. 6,” but that well, according to City Attorney Dave Schneider, is “not producing sufficient water to protect the water rights we have.”
And the clock is ticking, city staff wrote in information provided to the city council.
“Full water rights associated with Well Source 6 need to be perfected by 2030,” the information reads. “The state Department of Ecology has granted three extensions and may not grant a fourth.”
As a result, the city has found a potential new well site in the vicinity of 23rd Avenue and Judd Street. But for that site to become a new well, two things need to happen: The city needs a temporary construction easement to access the site for exploratory drilling, and if the site proves viable for a well, the city needs to acquire the property.
The easement is estimated to cost the city $5,700, and the property has been appraised at $170,000, Schneider said. The property is a forested lot of just under an acre, Schneider said.
The city has been in discussions with the property owner since last summer, and while those conversations have been amicable, it has not resulted in an agreement, he said.
Schneider said the city council might need to authorize eminent domain.
”It’s not a common thing for Lacey to exercise its powers of eminent domain, but we have the authority to exercise those powers,” he said.
Lacey Mayor Andy Ryder asked whether any other properties in the area would work for a new well.
The other parcels in the area would require the acquisition of a home and the relocation of the resident, Schneider said.
The property is owned by Herberta Gray, according to written public comment requested by The Olympian. Although Gray does not live on the property, she is not in favor of digging on the property, Schneider said.
Gray’s daughter addressed the council on Thursday.
“I’m here representing my mother,” she told the council. “We are eager to find a solution that protects both mom and the city’s interest.” She said her mother is 82 and would appreciate any accommodations for her age.
