A City Wants to Condemn a Private Utility Company

Usually when you think eminent domain, you think a governmental entity is trying to acquire land. The Mountain Water Company is facing eminent domain by Missoula, MT.

By all accounts, Mountain Water Company is privately owned and operated. [Missoula Independent]  Legal fees in this eminent domain case for Missoula are $750,000 and there remains 6 months before trial. Public support favors eminent domain. [Missoulian]

The ordeal raises an interesting question, can a private utility company be acquired by eminent domain?