In re Vermont Gas Systems, Inc. (William Marks, Nancy Baker, Linda Gage, Rachael Smolker, Melanie Pulley, Stephanie Spencer, and Lawrence Shelton, Appellants)

¶ 40. I agree with the majority that the prior public use doctrine should not be applied to preclude condemnation of lands pursuant to a general condemnation statute in situations where the proposed use would not materially impair the prior use. As the majority reasons, doing so would undermine the goals of the condemnation statutes while doing nothing to further the purpose of the doctrine. I believe, however, that our adoption of a "compatible use" exception to the doctrine is contrary to our prior caselaw and that we should overrule that caselaw to the extent it is inconsistent with our…