In re Lazy W District No. 1

This original mandamus proceeding involves two governmental entities, one of which petitioned for condemnation of a water pipeline easement across the other’s land. The condemnee asserted governmental immunity, and the trial court refused to proceed further without deciding whether the ease should be dismissed. The next step would be for the trial court to appoint special commissioners to make an initial determination of the value of the property to be taken. The trial court is not to interfere in the commissioners’ proceedings and does not become involved again until the commissioners file…