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City Precluded From Condemning Plant
Publication year - 1987
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1987.tb02934.x
Subject(s) - commission , water utility , certificate , public administration , business , law , political science , engineering , water supply , environmental engineering , computer science , algorithm
In 1971 the Bear Creek Water Association received a certificate of public convenience and necessity from the Mississippi Public Utility Commission to operate a rural water utility. At that time the city of Madison, Miss, within 1 mi. of the certificated area, acquiesced. Since that time the water utility has been constructed and Madison has grown substantially, and now its boundaries include a part of the certificated area. In 1985 the city instituted eminent domain proceedings to condemn the association's water utility. The trial and appellate courts both ruled in favor of the association.