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Based on the pure logic of the situation, Mr. Spock would have been proud.
Basically exercising its own spin on the axiom “the needs of the many outweigh that of the few – or the one,” the Spokane Valley City Council voted to pass eminent domain authority over to the city of Spokane regarding property deemed necessary for the construction of a bridge over busy railroad tracks near Broadway and Havana.
But the possibility that a successful Spokane Valley business owner may be forced to move weighed heavily on that decision, even though it will allow for hundreds more cars a day to pass unimpeded via Havana Street past the Yardley switchyards of Burlington Northern Santa Fe.
“This is a difficult one,” Mayor Richard Munson said before passing his affirmation of a 5-2 vote Tuesday to enter into an interlocal agreement with the city of Spokane, which is taking the lead on the $20.4 million “Bridging the Valley” project. “But we need to move forward on this thing.”
The Havana bridge is the first of 75 railroad crossing elimination projects planned over the next several decades. While some – like the one at Vista Road near Trent – will be closed altogether, others like Havana will be grade separated to keep vehicles away from trains.
While only a few hundred cars a day use Havana now, Glen Miles, manager of the Spokane Regional Transportation Council, said usage could triple once the overpass is constructed. Currently, slow-moving or stopped trains block Havana up to 17 hours a day.
“There are up to 60 to 100 trains a day through there,” he said. “And that’s on a good day.”
The Havana project is expected to start in July and be completed by October 2011. When finished, the completed bridge will be similar to Fancher’s to the east.
Gary Hite, owner of Hite Crane & Rigging Inc., located at 4323 E. Broadway, told the council Tuesday, however, that the bridge could put him out of business. Havana is the dividing line between the cities of Spokane and Spokane Valley, with Hite’s land on the latter side. But Spokane needs several hundred feet of right-of-way along Havana belonging to Hite for the expanded roadway and drainage.
Mike Connelly, Spokane Valley city attorney, told the council that eminent domain proceedings are simply one legal avenue that could be taken to reach some sort of agreement between Spokane and Hite, but – since his land is in the city of Spokane Valley – the responsibility, and legal repercussions, would have to be passed to Spokane before the project could move forward.
“It’s a starting point,” he said.
It may be possible that Spokane would have to purchase all of Hite’s property – about 110,000 square feet instead of the 6,000 or so needed – as he said he will be unable to maneuver his large cranes and other equipment on and off his land with the limited access he would have left.
“It will shut me down,” he said. “I won’t be able to operate.”
Connelly advised the council, however, that should Hite’s dispute reach the courts level, he would likely be paid above and beyond the total value of the property – perhaps 10-percent more – as well as have his legal costs covered.
“The law is set up that way so property owners are compensated for the public good,” Connelly said. “But we’re not at that point yet.”
Council Member Gary Schimmels said he was troubled that the city of Spokane had not yet made an offer for Hite’s land and wanted language stricken from the agreement before giving his vote.
“This (ordinance) says it has happened,” he said. “It has not happened.”
Deputy Mayor Dick Denenny said he hopes the matter can be resolved without legal action, but if the situation were reversed he would wish for the same powers that Spokane is asking for.
“This is a very unique situation,” he said. “We’re just giving (Spokane) a tool.”
Munson said the legal precedent has been clear and, in a worst case scenario, Hite will be paid for his troubles.
“We’re a nation of laws, and we have to believe people will follow those laws,” he said before the motion passed. “We have to have faith in the system.”
Council Members Diana Wilhite and Rose Dempsey, however, voted no.
“I feel very protective of Mr. Hite,” Dempsey said. “He’s a citizen of our city. Our job is to care for our citizens.”
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By
Mike Huffman
