Section 1.
For the purpose of making provision for an adequate water supply or of acquiring,
maintaining or enlarging a water works system or for the further purpose of providing
for an adequate system of sewage disposal or of acquiring, maintaining or enlarging
a sewage disposal system, within the county or any part thereof, the board of supervisors
of any county adjoining a city with a population of more than 225,000, and the governing
body in any county having a population in excess of 98,000 but not in excess of 125,000,
in addition to other powers conferred by law, shall have the power to acquire within
the limits of the county, by purchase, condemnation, lease or otherwise, the property
within the county, in whole or in part, whensoever acquired, of any private or public
service corporation operating a water system or a sewer system or chartered for the
purpose of acquiring or operating such a system, whether such property, or any part
thereof is essential to the purposes of the corporation or not; however any county
condemning property hereunder shall rest under the same obligation in respect of furnishing
water or sewer service to such customers of any water or sewer company whose property
is condemned as that under which such companies rested before such proceedings were
taken and had; provided that no county shall take by condemnation proceedings any
property belonging to any corporation possessing the power of eminent domain, unless,
after hearing all parties in interest, the state corporation commission shall certify
that a public necessity or that an essential public convenience shall so require,
and shall give its permission thereto; and provided further that this act shall not
apply to the property owned or operated by any corporation subject to regulation by
the Interstate Commerce Commission.
