California Eminent Domain Report

In May, we reported on the City of Chino Hills' efforts to stop a portion of Southern California Edison's Tehachapi Transmission Project.  The project involves 175 miles of transmission line right of way designed to serve wind farm development in the Tehachapi area. 

Much of the right of way for the transmission lines runs through remote, undeveloped areas.  Though there have been many disputes over the amount of money SCE must pay to acquire any new right of way it needs (much of the project runs along pre-existing right of way), there has been little dispute about SCE's right to build the project.

The notable exception involves "Segment 8a," which runs through the Chino Hills area.  Though SCE already has transmission lines in the area, the project calls for replacing existing 220 kV lines with much larger 500 kV lines.  Officials in Chino Hills argue the higher-capacity lines are not safe, claiming that no precedence exists for placing such lines in populated areas. 

Earlier this month, the court denied the City's request for an injunction to stop construction while its appeal of an earlier decision proceeds.  The ruling allows SCE to start construction, and SCE is wasting little time in moving the project forward. 

Following the favorable court ruling, SCE promptly issued a Notice of Construction, announcing that construction will commence October 9, 2010, and will last through December 2011.