City of Missoula v. Mountain Water Co.
Annotate this CaseThe City of Missoula filed a complaint to condemn, pursuant to Montana’s law of eminent domain, the water system that provided potable water to the residents of the City. The water system was owned and operated by Mountain Water Company. After a bench trial, the district court issued a preliminary order of condemnation. The Supreme Court affirmed, holding that the City met its burden of proving by a preponderance of the evidence that its contemplated use of the water system as a municipally owned water system was “more necessary that the current use as a privately owned for-profit enterprise,” as required by Montana’s eminent domain statutes.
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