Water Fight
News Essential, June 2007
Fort Wayne is now free to take over the Aqua Indiana water utility's northern operation. It will probably spend more than $1 million plus already invested in legal fees for a bad use of eminent domain - taking over a business that is working perfectly well in private hands.
The Indiana Supreme Court has affirmed the original court's decision in favor of the city, relying on the "indeterminate permit" language giving authority to "a municipality like the city to purchase its property." And the utility does not have the authority to designate a particular condemnation procedure.
-This article attacks the basic judicial premise that individuals and corporate entities have a right to make a profit without fear of acquisition by a condemnor. However, State Supreme Courts have consistently held that when a legislature grants a local agency the authority to purchase a franchise, the local government will generally be allowed to acquire. A similar example occurred in the Township of Grosse Ile v. Grosse Ile Bridge Company action of Township of Grosse Ile v. Grosse Ile Bridge Company, Supreme Court No. 131185, Court of Appeals No. 255759.
It is incomprehensible that such deference is given to legislative bodies at the local level where a statutes allow challenges for lack of necessity. Yet, courts have consistently construed the challenge to necessity being one of whether the end use is or is not a public purpose.
