eminent domain/water

[bdavis]

We are a small town in California, 174 homes. Our current water system is privatly owned. The owner has been out of state and federal compliance on clean drinking water since 1993. DHS is looking into taking the system under receivership. We have formed a (county) community water board. We are looking at taking over the water system by purchase, receivership, or eminent domain. Of these three options what are the advantages or disadvantages of each. Our funds are very limited, contributions from the community. We are not eligible to any state/ fed loans or grants until we have ownership of the system.

 

[HomeGuru]

These issues are rather complex and the community water board needs to hire it's own attorney.
Eminent domain is restricted for government only and the Court must approve a receiver if there was a request to appoint filed in Court. Only if the board qualifies can these 2 methods be viable options.