Does eminent domain apply to renewable energy projects?

Yes, eminent domain does apply to renewable energy projects in Washington. Eminent domain is a power of the state to take private property for public use. In Washington, eminent domain can be exercised by any government entity, including state, county, and municipal governments. Eminent domain applies to renewable energy projects when the purpose of the taking is for a public use or public benefit. In Washington, a public use or benefit can include anything that benefits the public, such as enhancing energy independence, improving energy reliability, conserving natural resources, or mitigating climate change impacts. Renewable energy projects, such as wind or solar farms, may be able to take advantage of Washington’s Energy Facility Site Evaluation Council (EFSEC) process, which requires public hearings and allows stakeholders to weigh in on the merits of a proposed project. The EFSEC process allows governmental entities to acquire necessary land for renewable energy projects in accordance with state and local regulations. In summary, eminent domain in Washington can be employed for renewable energy projects when the taking is for a public use or benefit. After engaging in a state and local permitting process, such as the EFSEC process, a governmental entity may exercise its power of eminent domain to acquire the necessary land for the renewable energy project.

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Does eminent domain apply to renewable energy projects?

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