City of Missoula v. Mountain Water Co.

¶134 The Court errs in applying the “more necessary” requirement of § 70-30-11 1(1)(c), MCA, in a condemnation proceeding where the public use for public or private ownership is the same. The confusion in the trial proceedings and this Court appears to have originated with our incorrect analysis in Mountain Water I and our departure from well-established precedent holding that subsection (c) does not apply when the proposed second appropriation does not contemplate a change in public use. See Montana Power Co. v. Burlington Northern, 272 Mont. 224, 900 P.2d 888 (1995); Mont. Talc Co., v.…