Citizens Utilities Water Co. v. Superior Court
In Citizens Utilities Water Co. v. Superior Court, 108 Ariz. 296, 299, 497 P.2d 55, 58 (1972), the supreme court upheld the condemnation of a water company by the City of Tucson, including the company's properties that were outside the city, unconnected with facilities that served the city, and not used to serve Tucson residents. 108 Ariz. at 297, 299, 497 P.2d at 56, 58.
The water company argued that the taking of its properties outside the city was not for "public use" because members of the public outside the city limits would not have the legal right to enjoy or use the property. Id. at 298, 497 P.2d at 57.
In response, the court first noted that "merely because the city is acting in its private capacity does not mean that the water is not being used for a public purpose." Id.
The court added that the "untrammeled right to use the property to be condemned, then, is clearly not the criterion of whether the use to be made is a public one." Id.