Utility Battle

A two-decade-long legal battle between two Springfield utility providers over who services a 200-home residential neighborhood may be drawing to a close. 

In January, a Lane County District Court ruled that Springfield Utility Board (SUB) cannot take territory or facilities from Emerald People’s Utility District (EPUD).

SUB has chosen not to appeal the ruling. For 20 years, SUB has tried to take over providing electrical service in the residential neighborhood southeast of Springfield called Natron.

On Jan. 20,  the court ruled that SUB does not have the authority to “condemn” the EPUD infrastructure servicing the 200 homes in Natron per their request. SUB had filed a validation action with the Circuit Court to get permission to use eminent domain to take over EPUD’s infrastructure.

Eminent domain is when the government — federal, state or municipality — seizes private property for public use with just compensation, without the owner’s consent. Condemnation is the procedure through which that happens.

“Now that SUB has lost once again, I hope they finally accept the court’s decision and put an end to this wasteful episode,” EPUD General Manager Kyle Roadman wrote in an online post. “I have to think they have better ways to spend their time and money. We certainly do.” 

Because of SUB’s legal action, EPUD spent about $250,000 in attorney’s fees, which were directly paid by ratepayers. Similarly, SUB spent $66,000 on its attorneys during its attempt to take over the land, all using public funds.

“It wasn’t our objective to start here,” Jeff Nelson, SUB’s general manager says.

According to Nelson, SUB reached out to EPUD in 2021 and 2022 to see about purchasing the electric service area and the infrastructure built on it for more than $1.3 million through a transfer agreement. The dollar figure was determined based on SUB’s assessment of property and infrastructure value.

This wasn’t the first time SUB made a play for the service area.

Read more on Eugene Weekly’s website here.