Public Comment. Volume III - Montana Legislature

BULL MOUNTAIN LANDOWNERS ASSOCIATION . .,
13838 HWY 87 NORTH. SHEPHERD MT. 59079
(406) 947-2151, FAX (406) 947-2152
C .
*
Eminent Domain Subcommittee
Environmental Quality Council
Dear Subcommitee members.
September 5 ,.
Your.. mee.ting in-~ibby.on .September.22 is ,too far
away for our members to attend personally; but we
wanted to be sure you knew our strong support for
Montana's eminent domain laws being reformed to better
protect individual landowners1 interests.
At a minimum, the following ten lllandownersl
rightsn issues need to be addressed:
1. Third party arbitration of disputed routing.
2. Clearly defined easment center line.
3. Permanently monumented fiber optic rights of way.
4. Grantee is responsible for noxious weed control and
reseeding easment as required by landowner.
5. Landowner not liable for accidental cable cuts by
landowner or third parties or Acts of God.
6. Grantee holds landowner harmless for hazardous waste
problems arising from grantee's installations on
easement, etc.
7. Establishment of a maintenance escrow fund to which
the landowner has reasonable access.
8. Grantee is responsible to clean up easement to the
landowner's satisfaction at the end of construction or
the landowner can seek payment from the maintenance
escrow fund created in no. 7 above.
9. A fiber optic cable right of way is granted for only
one cable and does not grant the right to install
additional cables as the grantee desires.
10. Landowner's option on easement vs. fee title
eminent domain acquisition.
Sincerely,
Anne C Charter, Chair
Bull Mountain Landowners Association
-1 00- Volume Ill: Public Comment