Public Comment. Volume III - Montana Legislature

11. Whether a condemning corporation or entity should be allowed to
assign, transfer or sell its interest in the condemned property to a limited
liability entity of any kind.
15. How the condemnee and the public can have input into the process of
determining what is a safe, convenient location for the right-of-way.
16. Whether the current burden of proof in a condemnation proceeding
should always be on the condemnor.
17. Whether the condemnor should be required to confine its activities to
the right-of-way obtained.
18. Whether compensation for the land condemned should be a multiple of
the fair market value as determined by a jury in order to abate the failing of
lump sum payments as fair compensation for future injury.
19 Whether the condemnor should assume all liability for the land
condemned; and whether the condemnee should have to assume any.
20. Whether the condemnee should automatically receive access across the
condemned property when hislher property is bisected.
2 1. Whether the condemnee should be reimbursed for property damages
incurred by establishment and contiming operations of a right-of-way.
22. Whether condemnation should be allowed on any property that contains
sites listed or proposed to be listed in the National Historic Register.
23. Whether written notice should be provided to affected landowners of a
need determination request or hearing by government officials.
n. WORKPLAN AND TIMELINE.
A. Comparison of Statutes from Other States
The comparable study should be expanded to include representative state
laws from the major geographic areas of the U.S. In particular, NPRC
suggests EQC study the Constitution and eminent domain statute in
Alabama, which prohibits the use of eminent domain by private entities
except in certain instances. In any case, we believe limiting the review of
statutes to only western states may dismiss constructive solutions to the
problems of eminent domain utilized by other, more populous, regions of
the country.
-98- Volume Ill: Public Comment