By Dean Michael
Rawlins Times
Via Wyoming News Exchange
RAWLINS — PacifiCorp’s plan to run more than 1,000 miles of power line through Wyoming and Idaho has landed the company in Carbon County District Court over disputes with a landowner along the route.
The Warren Buffet-backed PacifiCorp filed the eminent domain suit after Rocky Mountain Sheep Company refused to hammer out a deal for construction crews to run through their land near Whitehorse Canyon.
As PacifiCorp’s attempts to construct a deal with Rocky Mountain Sheep Company have proved fruitless for the past 11 months, so legal action was chosen to resolve the dispute.
The two parties met viva phone conference on Friday to argue the merits of a jury trial versus an informal proceeding, which would see a judge rule on the case.
According to court documents, PacifiCorp argued the request for trial by jury was not within Rocky Mountain Sheep Company’s rights, as an appraisal by an unbiased third party has yet to be undertaken.
PacifiCorp further argued the low value of the compensation allows either party to request an informal proceeding, according to state statutes.
According to court documents, Rocky Mountain Sheep Company’s lawyers described PacifiCorp’s response as, “premature and unavailing.”
Rocky Mountain Sheep Company argued they submitted their request for a jury trial in order to avoid loopholes that may have waived their right to a jury trial had their motion not been filed, though they acknowledged their timing may be off.
“Even though a trial by jury is not technically available until after an assessment has been made by appraisers, there are no grounds to strike (Rocky Mountain Sheep Company’s) jury demand,” read their official response to PacifiCorp.
Rocky Mountain Sheep Company concluded their statement by adding a separate demand for jury trial will be filled once an official appraisal has occurred.
Judge Dawnessa Snyder has yet to rule on how the case will proceed.
According to Tiffany Erickson, a spokesperson for Rocky Mountain Power, this lawsuit has not held up construction on the cross-state transmission line.
“It’s moving forward,” said Erickson.
Rocky Mountain Sheep Company has vehemently opposed the Gateway West Transmission Line since its original announcement in June 2018, with representatives appearing consistently to voice their objections.
Rocky Mountain Sheep Company proposed several alternative courses through Carbon County that would bypass their land, while also following pre-established power line routes.
PacifiCorp stated it had explored these alternative routes during an initial meeting with the Carbon County Commissioners in September 2018, though they further stated during the same meeting, they would also pursue legal action to secure eminent domain if a deal was not reached.
With these alternative routes eventually rejected by PacifiCorp, they chose legal action to complete their new transmission line.
Thus, the two companies remain deadlocked in the court system until fair compensation for PacifiCorp’s construction on Rocky Mountain Sheep Company’s land is determined, whether by a jury trial or by the judge.
