Not a good ride from Sound Transit

The governor's signature on the eminent-domain bill is a fitting end to a bad case.

What happened to Kenneth and Barbara Miller — a government body meeting to condemn their land without telling them about it — should not happen again.

The Millers knew that Sound Transit might condemn their property in Tacoma for a park-and-ride lot. But the meeting in 2003 at which the decision was made was publicized only by a notice on an Internet page, and the notice didn't mention their property.

The Millers didn't see the notice and learned only afterward that the Sound Transit board had voted to condemn their land. They sued, and argued at the Washington Supreme Court that government has a duty to tell owners in advance of condemnation proceedings.

We agreed with Justice Jim Johnson, who wrote in dissent that "due process of law," which is guaranteed by the state and federal constitutions, requires individual notice. The majority went the other way, ruling that under Washington law, a vague Internet posting was good enough.

Attorney General Rob McKenna, a Republican, and Gregoire, a Democrat, agreed that the law be changed. The political parties have different ideas about property rights, and there are some other issues that remain to be settled, but on this matter they found quick agreement. The bill sailed through the Legislature without opposition.

The public owes thanks to the Millers. They lost their battle, but won a larger one for the public.