Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
One Public Utility Can't Condemn Property of Another
Osage Water Company (OWC) is a public utility producing and distributing water within the city of Osage Beach, Missouri, in Camden County. OWC held a certificate granted by the state that gave it authority to provide and sell water within its certificated area of Osage Beach in Camden County. Miller County Water Authority Inc. (MCWA) is a not‐for‐profit corporation that has provided water service to residents in Camden and Miller counties since 1995. Although MCWA had an operating permit that allowed it to dispense water to the public, it did not have a permit to sell water. Despite not having such a permit, Miller sells water service to two subdivisions in Camden County, both of which are within Osage's certificated area of service. OWC petitioned for condemnation of the real property of MCWA but lost in the trial court. On appeal, the court said that OWC was subject to a state law prohibiting one public utility from condemning the property of another. According to the court, Miller was a “water corporation” as defined by Missouri law because it was incorporated and was in the business of operating, managing, and providing water service to the public for compensation. The court said that the important thing to consider here was not what Miller's charter says it may do, but what it actually does. The trial court decision was affirmed.
One Public Utility Can't Condemn Property of Another
Osage Water Company (OWC) is a public utility producing and distributing water within the city of Osage Beach, Missouri, in Camden County. OWC held a certificate granted by the state that gave it authority to provide and sell water within its certificated area of Osage Beach in Camden County. Miller County Water Authority Inc. (MCWA) is a not‐for‐profit corporation that has provided water service to residents in Camden and Miller counties since 1995. Although MCWA had an operating permit that allowed it to dispense water to the public, it did not have a permit to sell water. Despite not having such a permit, Miller sells water service to two subdivisions in Camden County, both of which are within Osage's certificated area of service. OWC petitioned for condemnation of the real property of MCWA but lost in the trial court. On appeal, the court said that OWC was subject to a state law prohibiting one public utility from condemning the property of another. According to the court, Miller was a “water corporation” as defined by Missouri law because it was incorporated and was in the business of operating, managing, and providing water service to the public for compensation. The court said that the important thing to consider here was not what Miller's charter says it may do, but what it actually does. The trial court decision was affirmed.
One Public Utility Can't Condemn Property of Another
01.05.1998
1 pages
Aufsatz (Zeitschrift)
Elektronische Ressource
Englisch
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