MATL LLP v. Salois
Annotate this CaseAppellant appealed from an order of the district court dismissing its complaint for condemnation and entering judgment in favor of appellee. At issue was whether the district court erred in issuing an order concluding that appellant did not possess the power of eminent domain, either express or implied, and it had no authority to take the private property of a nonconsenting landowner. The court concluded that HB 198 provided appellant authority to pursue eminent domain proceedings and that HB 198 explicitly codified eminent domain authority into the Major Facility Siting Act ("Act"), Title 75, chapter 20. The court held that HB 198 retroactively applied to appellant's certificate issued pursuant to the Act and the explicit language of HB 198 was in conflict with the district court's order. Accordingly, the court reversed the order dismissing appellant's complaint and remanded for further proceedings.
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