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Temporary Easement Is Sensible Option
Publication year - 1997
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.1551-8833.1997.tb08332.x
Subject(s) - easement , certificate , test (biology) , business , commission , water right , law , quality (philosophy) , environmental planning , finance , political science , environmental science , computer science , paleontology , algorithm , biology , water resources , ecology , philosophy , epistemology
Consumers Illinois Water Company (CIWC) filed a petition with the Illinois Commerce Commission (ICC) seeking a certificate of convenience and necessity and orders authorizing it to seek to obtain by eminent domain temporary easements for test‐boring surveys. The surveys were intended to find groundwater, construct test wells, extract groundwater, and measure the effect of removing groundwater in the water supply in rural Illinois. The area was outside CIWC's service area and about 15 mi (24 km) from its plant. Landowners in the area in which entry was sought were allowed to intervene in the case. The ICC approved CIWC's petitions, both for the certificate of convenience and necessity and for the easements. The question of whether the state Public Utilities Act authorizes utilities to obtain an easement for testing rather than a permanent right to drill for water for its customers was close and complicated, the appellate court noted. However, the court concluded that the act does so provide. The court said several reasons, including common sense, permitted condemnation to test the quality of a water source before making permanent facilities. The ICC's decision was affirmed.