-By Warner Todd Huston
A city government in California is thinking of illicitly using eminent domain to essentially steal a water company from its owners because residents are unhappy with their water bills. If they are unhappy now, it will get far worse once the government owns the water service. Once again California serves as an example of what not to do.
The city fathers of Claremont, California are attempting a move that should frighten every American, a move that would seem to prove that government thinks it has no limits on its power. With the claimed goal of keeping water rates low, the city is considering using eminent domain laws to force a local water company into allowing the city to take over its facilities and declare its resources government property.
Jon Coupal of the Howard Jarvis Taxpayers Association explained the rules of eminent domain in a recent op ed.
First, under the U.S. Constitution, if government takes private property, it must pay just compensation. Moreover, under California law, when government attempts to seize a private utility, there is the additional requirement of a showing of need a seemingly insurmountable hurdle for the city of Claremont to justify replacing the current provider & Government cannot simply say they want to go into the water business to be able to use eminent domain.
Being unhappy about a water bill does not qualify for the city to invoke eminent domain.
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California Town’s Use of Eminent Domain on Water Company All Wet”