Montana-Dakota Utilities Co. v. Divide County School District No. 1

The majority grants an injunction to MDU against the REC prohibiting the REC from serving the new high school. The injunction, however, is stayed until MDU either purchases or condemns the REC’s line and equipment with which it is presently serving the high school. The injunction, therefore, is of minimal value to MDU for, in all probability, the REC will not voluntarily sell such property and I am unable to find any statute which gives MDU the right to condemn the REC’s property.

On this subject, it is stated in 173 A.L. R. 1362, at page 1367:

“The power of a municipality or other public body…