Washington’s highest state court ruled that underground fiber lai...
Washington’s highest state court ruled that underground fiber laid along a railroad right-of-way in Yakima by Level 3 Communications wasn’t allowed under the railroad’s easement and constituted trespassing. Case 75982-1 dated back to 1999, when Level 3 buried fiber…
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along a Burlington Northern Santa Fe rail line. The owner of the property the rail line ran though, Kershaw Sunnyside Ranches, said the fiber cable was outside the scope of the railroad’s easement and Level 3 should have negotiated with the landowner for permission. The owners sued in 2000 when Level 3 balked. Level 3 argued the current owners didn’t have standing to sue because they didn’t get an interest in the right of way when the land was transferred from previous owners, and the fiber was covered by a clause that allowed uses incidental to transportation purposes. Lower state courts upheld Level 3, but the Wash. Supreme Court reversed, ruling the current owner did get a legal interest in the railroad right of way when it acquired the land, so it had standing. It also said fiber went beyond incidental use as defined in the easement agreement, and Level 3 should have negotiated a separate easement or filed an eminent domain case before laying its fiber.