(1) Before property can be taken it must appear—(1) that the use to which it is to be applied is a use authorized by law;(2) if already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use; and(3) that the taking is necessary to such use.
(1) that the use to which it is to be applied is a use authorized by law;
(2) if already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use; and
(3) that the taking is necessary to such use.