City of Mullens v. Union Power Co.

Maxwell, Judge:

Can a city, by eminent domain, without specific statutory authority, take over a privately owned public utility?

The circuit court answered in the affirmative by holding sufficient on demurrer two condemnation petitions, and certified its rulings to this Court for review.

Under one petition, the City of Mullens seeks to condemn and appropriate the properties of Union Power Co., a private corporation, which is furnishing within the City of Mullens electric current for power, heat and light. Under the other petition, the city would, by condemnation, acquire ownership and control of…