Public Comment. Volume III - Montana Legislature

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FAX: 406-444-3036
April 3, 2000
EQC Eminent Domain Subcommittee
Attn: Krista Lee, Resource Policy Analyst
P.0.Box 201704
Helena, MT 59620
Re:
Burden of Proof Standards
Our letter of January 23, 2000 describes the standards we
believe must be met to determine if an activity or service
is truly in the public interest, thus should be granted the
eminent domain status, or if rather, the activity or service
is profit motivated, serving a company or small group of
companies but not directly serving the public. We feel that
liquid fuel pipelines transporting fuel from one terminal to
another terminal owned by the sane company or group of
companies is an example of a profit motivated activity or
service not directly serving the public, thus should not
have the power of eminent domain!
The eminent domain subcommittee meeting this month will
consider replacing a "preponderance of the evidence" as
providing the right to a "takingw of property, by standards
that consider "clear and convincing evidencew that the
taking will be in the public interest. We wish to cite our
situation in this regard as an example of the points for
consideration.
If the YPL Company (Yellowstone Pipeline Company) were
granted a permit to connect it's pipeline from Missoula to
Thompson Falls, MT via the %Mile Valley (any of three 9-
Mile Alternatives) thence down Siegal Mountain, along the
Clark Fork River, and west along Highway 200, the proposed
route along Hwy 200 east of Paradise is on the NE side of
the highway. As the proposed route nears the westernmost
bridge about 1/4 mile east of the town of Paradise, it is
proposed that the pipeline cross under Highway 200 and the
Montana Rail Line right of way, thence onto our property.
Directional drilling would take place on our land whereby
the pipeline would be pulled under the river. Above ground
facilities would be quite visible from our living and dining
room windows, and the pipeline would be within 300 yards of
our 34 foot deep domestic use well - our drinking water!
Rather than routing the pipeline under Highway 200 and the
Railroad right of way, we have asked YPL engineers and
officials to plan the route to continue along the NE side of
Highway 200 to the point where directional drilling would
take place under the river. The route would then continue
EQC Eminent Domain Study -1 01 -