Monorail agency can condemn parking garage

The state Supreme Court yesterday ruled that the Seattle Monorail Project may use eminent domain to condemn the "Sinking Ship" parking garage in Pioneer Square, even though a new train station would take up only a third of the land.

The monorail project would use the rest of the property to store equipment during construction. Then it would sell or lease it to developers to offset the cost of the project.

The monorail agency is now working to take over the property within two weeks to run the garage until it is needed for construction, said spokeswoman Marjorie Skotheim.

But the owner, John Fujii, said, "It appears the monorail will not be built anyway, so it remains to be seen whether we lose our land."

The entire monorail project could be scrapped unless Seattle voters approve Proposition 1 in the general election.

The high court ruled 7 to 2 that state law gives "deference to local governments to determine what property is necessary to implement projects." A transportation project such as the monorail is unquestionably a public use, the court ruled.

Justices James Johnson and Richard Sanders dissented, saying the condemnation proposal is a "land grab" that violates property rights.

Information

The Supreme Court ruling in favor of Seattle Monorail Project:

http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=764620MAJ

The dissenting opinion: http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=764620DI1

The triangular parking garage at Second Avenue and Yesler Way gets its nickname because its sloping decks appear to list like a capsizing boat.

Fujii initially welcomed the monorail when voters approved the line in 2002. He hoped to build high-rise housing next to the new station. He was willing to rent out land during construction, but monorail leaders considered that too costly. In May, the agency agreed to a $10.4 million purchase price, but Fujii continued to resist a forced buyout.

Mike Lindblom: 206-515-5631 or mlindblom@seattletimes.com