Missoula files for eminent domain takeover of water system from Carlyle Group

[Newsjock]

Source: Missoulian

The city of Missoula filed for condemnation of Mountain Water Co. on Wednesday in District Court, seeking to take ownership of its public water system from The Carlyle Group.

“This is something that we have not engaged in lightly,” Mayor John Engen said at an afternoon news briefing in his office. “I’ve never imagined exercising the city’s right of eminent domain in any circumstance, but I believe this is so important to the future of our community and the risks of not pursuing this avenue are too great.”

... As part of its complaint, the city argues that Mountain Water ratepayers under private ownership are lining the pocketbooks of faraway investors. In the 2013 fiscal year, the Carlyle Group’s three founders earned $750 million, or roughly more than $133,000 each per hour, and they had use of a private airplane valued at $1.1 million.

“As a result of its focus on creating value for its investors rather than creating value for its customers and ratepayers, Carlyle Infrastructure is incentivized to operate the Water System in a manner that will achieve the maximum short-term economic return rather than to operate it for the long-term stability and security of the people of Missoula,” reads the eminent domain complaint.

Read more: http://missoulian.com/news/local/missoula-files-for-eminent-domain-takeover-of-water-system/article_d7e7703e-ba9c-11e3-97ad-0019bb2963f4.html

[Wounded Bear]

1. Hopefully one of many such actions to come...

Hey, a guy can hope.

[billhicks76]

34. No Group More Vile And Evil Than Carlyle

I say seize ALL if their assets and put them on trial for crimes against humanity.

[leftyohiolib]

2. and it will be run right up the judicial system right into the hands of the 5 sub-human mongrels ,to

quote another disqusting waste of human filth.

[PoliticAverse]

26. Nah, after Kelo v. City of New London anything goes. n/t

[Voice for Peace]

55. I will google it, but Kelo v New London?

I'm very curious as I grew up there... off to Google

[PoliticAverse]

57. That was a pivotal US Supreme Court case that allowed

taking of a person's property by eminent domain so that the property could be
sold to a corporation for 'economic development'. The development project
fell through and the seized property is basically unused to this day.

http://m.theday.com/article/20130623/NWS01/306239947/1070/mobile&template=mobile

[Voice for Peace]

64. thank you! I did google it but then was called away

[bvar22]

3. I LIKE it!

Maybe this represents the first shot in the Un-Privatization of America,
and a return of ownership of the necessities to The People from the For Profit Blood Suckers!
.
.
.
.
I hope so!

[mattclearing]

37. Agreed.

Would be nice to see a government buck the privatization trend.

[bvar22]

40. We'll have to find some way to get rid of...

..the 3rdWay Reagan Democrats.

[lumberjack_jeff]

4. Good. But do it right, because you don't want to lose.

Losing = precedent.

[Raksha]

11. Good point! After all, the Carlyle Group has access to the best lawyers

and the resources to pursue the case all the way up to the Felonious Five.

[PoliticAverse]

27. No reason for it to go to the Supreme Court, the only thing to dispute is fair value

to pay.

[badtoworse]

38. I believe they also have to convince the judge that taking is their only option

Based on what I read in the article, I don't believe they have a case unless Carlyle is so negligent that the public welfare is in jeopardy.

[PoliticAverse]

59. Yes I see that the state law/constitution is much stricter as to the requirements to take

the property in this case and that Missoula has tried this before and lost in the state courts.

[Stuart G]

5. Great ....Thanks for Posting...nt

[leanforward]

6. Hoo rah

Keep in mind the old SecDef Rummy is at Carlyle Group. He'll put the screws to you. He did that to some service members related to the Mayaquez incident. Can you imagine the savings for the water users in Missoula? Even if the rates about the same, the money will stay local.

Kudos to the community leaders. These guys are truly community leaders.

[Zorra]

7. Love it! nt

[SoLeftIAmRight]

8. This might be the most important first step in the great fights to come.

Wow. For me, this is something that leaves me grasping for words that can convey what this can be.

A fight for drinking water in america. How basic does an issue come?

Carlyle v. life. BFEE! Rest in peace Bartcop

[erronis]

10. Wow, indeed - and very scary

I wouldn't put it past these bastards to try to license the air after they gain all rights to the water.

[1000words]

9. If you think the Oil Wars are ruthless ...

just wait for the Water Wars.

[Raksha]

12. Frightening thought. n/t

[pnwmom]

13. Interesting. And now most of us will see the other side of eminent domain.

Hope it succeeds.

[BlancheSplanchnik]

14. this is great!!! may they inspire many more....

This is part of supporting PBO and other dems. people are turning against the oliPUKES.

[KamaAina]

15. You know who else used to buy up water systems?

[alfredo]

23. Coke also bought up water resources. Bush bought

Land sitting on top a huge aquifer.

Arudhati Roy has written extensively of the thuggish behavior by the water speculators.

[Enthusiast]

16. Good for Missoula.

If you trust a corporation to operate your water (education, defense, health care, etc) in an equitable fashion, you are a damned fool (or being bribed).

Corporations are proving themselves to be little more than a blight on the nation.

Hear me?

[calimary]

17. Yes indeed!

[alfredo]

24. How long will the public stay docile.

Maybe they will do as the French and shut the nation down until someone listens. Naw, they are scared they will get downsized in retaliation.

[LuvNewcastle]

49. I think a local water system, as well as other essential utilities,

should only be owned by the public in that locality. They should never be bought or sold. Well, I suppose it could be sold by the public if they can get the permission of each and every person who lives there as well as everyone who will live there in the future.

[Enthusiast]

62. Yes. These corporations exist to make a profit.

The public will eventually pay more for every service that is privatized.

Those old Reagan/Republican memes have been nurtured for a reason, "The government can't do anything right! Government is the problem."

How many times have we heard it? We have heard it on every TV channel and every internet group. They are setting us up for more thievery. We are fools if we allow it.

This is where the Obama Administration deserves severe criticism from Democrats for their position on charter schools. This is where they have adopted a Republican position. Siphoning public money away from public schools to private charter schools undermines public education.

Maybe the President had good intentions. But now that we all know he was wrong it is time to change directions. That is where criticism becomes a tool.

[unionthug777]

18. eminent domain...

being a native.....not my favorite phrase. but, that's just me.

[Duval]

19. Great! May this be the beginning. n/t

[rhett o rick]

33. What I was thinking. nm

[Pakid]

20. I hope this is just the beginning

of taking back our resources like water which we should own and not corporate America and it greedy investors

[ashling]

21. This is important

and needs to be seen.

[alfredo]

22. We couldn't even get that far in our fight against RWE. They bought

Our city council. They pumped millions into advertising against local ownership of our water. They blocked access to our meetings and had employees walking around with video cameras, sticking them in the faces of anyone speaking with the person next to them. I was followed by some of their goons when I was passing out Lit about local ownership.

I hope there hasn't been such tactics there.

[Grins]

25. a private airplane valued at $1.1 million.

"they had use of a private airplane valued at $1.1 million."

That's a typo. Take out the decimal point.

[pangaia]

28. As a reminder as to just WHO the Carlyle Group is...

Although I doubt anyone here needs any reminding--


http://en.wikipedia.org/wiki/Carlyle_Group#Political_figures

Our good friends--
James Baker III (after Herr Kissinger, one of the most vile creatures to walk this earth.)
Raygun
Bush the Elder
Bush the Little
Frank Carlucci
Richard Darmen
John Major..

Oooppsssiee.....

And ARBUUUUSTO !!
http://en.wikipedia.org/wiki/Arbusto_Energy

[BrotherIvan]

29. Fuckers, all

[pangaia]

31. You said it, Brother..

[eShirl]

41. Jesus

might have had something to say to some of those

[pangaia]

45. I think maybe he would have smitten them..

with his terrible swift sword.

I have always wanted to use the word 'smitten." Finally got a chance to.

[colsohlibgal]

30. Here We Go!

We need to focus a lot more on local and state issues, this kind of action is the way to start taking our nation back from the ruling class.

It will take a long, long time but we have to stay at it.

[idendoit]

32. Let the Carlyle Group eat dust.

[drm604]

35. Check out the comments for that article.

Last edited Thu Apr 3, 2014, 10:04 PM - Edit history (1)

Nearly every one is an ignorant, nasty, negative right-wing criticism. Not just criticism of the takeover attempt, but nasty ignorant trashing of the mayor and liberals, and *shock* at the idea that a government could possibly be successful at running a utility (something that is actually very common in this country). I have to wonder if Mountain Water, The Carlyle Group, or their PR people aren't paying people to post.

[grasswire]

39. you bet they are

why wouldn't they?

[LuvNewcastle]

51. The water system in my city is owned by the city, and we have the

cheapest water and sewer rates in the region. So yes, it can be done and done very well. I pay less than $30 per month for my water, sewer, and garbage collection.

[badtoworse]

36. Assuming they win, the city will not get the water system for free

They offered $65 million and Carlyle wants $120 million. If Missoula wins, they'll get it for fair market value which will likely be some value in between.

Based on what is in the article, I think Missoula will lose unless they can prove that Carlyle is grossly negligent in maintaining the water system and they have to take over to protect the public. The fact that Carlyle makes money is irrelevant.

[DeSwiss]

42. Any group can do it.

- If they're not afraid and not wanting to just sit on their asses and wait for some corrupted elected official to do something they have no intention of doing.

If change is to come, we will have to bring it......

K&R

[center]

[/center]

''Whomever's in-charge, gets to define everybody else.'' ~Paul Cienfuegos, Community Environmental Legal Defense Fund

[BlueMTexpat]

43. I lived in Missoula for many years

and still love the place. I was also born and raised in Montana, although I haven't lived there for eons. I still have lots of family and close friends there and visit as often as I can.

The takeover of Missoula's water system occurred after my departure (no correlation - LOL) and I am glad to see city officials taking a stand on this issue.

Carlyle no less! I cannot stand war criminal Rumsfeld at all; the same for anything or anyone to do with him. Ironically, Rummy's wife was actually born in MT. In the category of things-you-probably-didn't-want-to-know-and-could-care-less-about, here is some info: http://marriage.about.com/od/politics/p/donrumsfeld.htm

[Not Sure]

44. We have something very similar here in north Texas

The town of Blue Mound, a suburb of Fort Worth, has been dealing with a substandard water system owned and run by a private company for some time now. Each attempt to bring the water system up to snuff has failed. The owner does not want to upgrade the system so the town has tried legal action, even condemnation. Last I heard, two state representatives put forth legislation to allow the city to take over the water system. Naturally, Governor Perry opposed the measure and it did not become law.

Good luck, Missoula. I hope you fare better than Blue Mound.

[badtoworse]

47. I don't see what Missoula is complaining about.

I went to Mountain Water's website and looked at their water quality reports - they have very good water, better than I have in northern NJ. I compared what they would have charged me to what the Town of Parsippany in NJ charged me on my last bill and Mountain Water would have been 50% cheaper.

[Not Sure]

66. That may not be the problem with Missoula

In Blue Mound, the water is provided by nearby Fort Worth, so the water quality isn't part of the equation. The water delivery system doesn't provide enough pressure to the fire hydrants for them to be effective. This affects everyone's insurance rates including the city itself.

It's possible that similar problems plague Missoula apart from the quality of the water.

[vanlassie]

46. PG&E in California is also going to be nailed, if there is a God.

"PG&E indicted on criminal charges by federal grand jury in connection with San Bruno explosion." ...
Following their investigations, state and federal regulators concluded that flawed record keeping and lax maintenance efforts were the primary contributors to the gas pipeline explosion."



http://www.mercurynews.com/business/ci_25471302/pg-e-indicted-criminal-charges-by-federal-grand

[SHRED]

48. Read the comments section

Wow...lot's of government haters there.

[sendero]

50. They have...

... almost no chance of making this stick IMHO. And while I do wish them luck, I would ask a simple question: how did Carlyle gain control of their water system to begin with?

[AtheistCrusader]

52. Hahah oh man, I have an uncle that lives there.

He's probably shitting blood in his outrage as we speak.

[L0oniX]

53. If only we could do this to Bechtel too ...where ever we can.

[Maineman]

54. Good news! Let's have more of that.

[Auggie]

56. K&R

[The Blue Flower]

58. Reality does indeed have a liberal bias

"Carlyle Infrastructure is incentivized to operate the Water System in a manner that will achieve the maximum short-term economic return rather than to operate if for the long-term stability and security of the people of Missoula."

Why did they not see this going in?

[badtoworse]

61. Of course they are in the business to make money. That is obvious, but irrelevant.

The issue the judge will consider is how they are actually operating the system.

[fleabiscuit]

60. Peeps had their eyes on the wrong bandits didn’t they.

“Let me tell you how it will be
There's one for you, nineteen for me…”

[DesertDiamond]

63. First time ever that I have heard of the eminent domain law being used for justice!

[badtoworse]

65. Care to elaborate? What is unjust about Carlyle owning Mountain Water?