Montana-Dakota Utilities Co. v. Behm

Citations

• 2019 ND 139
• 927 N.W.2d 865

Syllabus

Where eminent domain is exercised by a utility business, condemnation for service to a single industrial customer does not forestall a finding that the taking is for a public use. In the absence of bad faith, gross abuse of discretion, or fraud by the condemning authority in its determination that the property sought is necessary for the authorized use and is pursuant to specific statutory authority, such determination should not be disturbed by the courts. The Supreme Court does not address inadequately briefed issues.