Missoula’s Eminent Domain Lawsuit Begins, Centers on “Necessity” of Water System Ownership

The City of Missoula's imminent domain lawsuit to acquire Mountain Water Company began today, March 18, with Mayor Engen on the stand.

Officially titled, THE CITY OF MISSOULA v. MOUNTAIN WATER COMPANY and CARLYLE INFRASTRUCTURE PARTNERS, this isn't the first eminent domain lawsuit by Missoula over the water system. Missoula tried and failed in the 80's to show that public ownership was a "necessity" a talking point that appears to be popping up in this case as well.

During opening statements Perkins Coie Attorney Harry Schneider, outlined the city's case by saying that this wasn't going to be the typical eminent domain case where a family is trying to preserve ancestral land. Instead, he argued, the Carlyle Group was "all about the money."

"If the city prevails in proving by a preponderance of the evidence, that municipal ownership is more likely to be more beneficial, more convenient, and more advantageous to the people of Missoula, Montana and therefore more necessary under the law, the city will proceed to have the price set according to Montana law, by three commissioners. The city seeks nothing more and nothing less..." Scheider said.

Joe Connor, representing Mountain Water Company also brought up the issue of necessity. challenging the court to ask a particular  question of each witness that takes the stand. "Is it really more necessary for the city to own this system than the water company that has owned it for 130 years of private ownership? The city has that burden your honer, that is not our burden... that is the cities burden."

The issue of necessity is certain to be a common theme throughout the hearings, which are expected to last for about ten days.