Judge: PSC can’t intervene in Mountain Water condemnation
“The Montana Public Service Commission doesn’t get to interfere in the city of Missoula’s eminent domain case.
“While not explicitly stated, the PSC appears to oppose this eminent domain action either because if granted, its regulatory control over Missoula’s Water System would cease, or because it should be the entity that decides,” Missoula County District Judge Karen Townsend wrote in an order issued this week.
The city of Missoula is trying to condemn Mountain Water Co. and take ownership of the private utility. This year, the city filed an eminent domain action against Mountain Water and the Carlyle Group, a global equity firm that purchased Mountain Water in 2011.
The Public Service Commission approved the sale to the Carlyle Group, and it requested to intervene in the eminent domain case. The agency regulates private utilities in the state of Montana, including private water companies.”
Szpaller, Keila. Missoulian 23 August 2014.