Public Comment. Volume III - Montana Legislature

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APR- 3-00 MON 1145 PM THE PRINTERY FAX NO. 406 826 3606 westward through the Paradise railway yards and along the north side of the river towards Plains where it would reconnect with the existing pipeline. The route we favor, described above, would remain on the NE side of Highway 200 on the same ownership it had been on for around a mile: This portion of the property has no homes nor other buildings, nor does the property where the pipeline would emerge on the north side of the river. This route would have far less negative social implications than the route that crosses onto our land with it's associated safety implications and potential for polluting our drinking water. YPL favors the zouta through our land only because the river is narrower here than the route we advocate. Were YPL required to present "clear and convincing evidence" showing why the property to be wtakenn from us is the best route, perhaps our case may receive a more humane approach in a condemnation hearing. YPL comganyls proposed route, it appears, i s based only on the cost of directional drilling under the river, The company has not concerned itself with the impact this pipeline route would have upon our' property and our lives as may be the case if the company had to present "clear and convincing evidencen that it must take our land rather than continuing along the more straightforward alignment across the river. Roger C. and Marion I. Lund P.O.Box 250 Paradise, MT 59856 (406) 826-4534 -1 02- Volume Ill: Public Comment
* THE ClarkFork . Pend Ode . March 31, 2000 Eminent Domain Subcommi~ee Members Environmental Quality Council PO Box 201704 Helena, MT. 59620-1704 ENVIRONMENTAL QufiLlTY COUNCIL Dear Members of the Eminent Domain Subcommittee: On bihalf of the Clark Fork Coalition, thank you for the opportunity to comment on the proposal to replace the evidentiary standard on establishing that a taking is in the public interest. . . . .. . . . . . . . . . . . . . . By using the weakest byrden Of proofstandard in its emkent doma& . '., , law, the State of Montanasets itself up. for ecologically detrimental ....... . .I , " . . . and socially inequitable industrial piojects. This needs to change. . - . . . . . . . I. The Coalition urges :the subcopmittee to recommend raising the . . ' .burden of proof standard to "clear 'dnd convincing eiridencel fort+- . . . . . . . . : . . . . . supported projects and to "beyond a reasonable doubt". for '; . . . . . . .... . . privately-funded projec ts:. By tighte~ng the evidentiary standard .......... ,: . . . . . . . . .. - . . _ , . . . , . . .-. thu~ly, lawmakers, will: .....i..:. 1 . :: . . .._. . . . . ,. -.. . ...... . . . . ... . . . ... . , ,._ .; . . . , . . . . - .. . . .. . ... . .. . . . . . . . . -. . . . . . . ..... . . . .. . . . :.- . . . . .... ....... . . . ... .. . . ., . _.. - . . . . . -. ... :_. * . .. . . . : . . . .. . :. .,... i) . Ensukthat .... .- ......... busiriess~interestsdo .. :... . . not . ., t&6 ._ ..A pcwi$dentie . . o"erpublkT :: . : 1 ... .... :. ......... ._..- +rests: ~n~e.~&~of,.~.~.s$i~&ereroute -... ....- .......... propbsal, the-. ..,-. :. .;
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Public Benefits and Private Rights:
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Helena Public Hearing. December 1.
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The Eminent Domain Subcommittee (Su
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The location of the right-of-way of
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land to locate the pipeline. She ad
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in a case in Illinois a pipeline wa
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REP. MCGEE questioned who would pay
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PUBI-IC COMMENT - BILLINGS Dena Hof
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use the power of eminent domain sho
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were no answers provided. 'The Legi
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telecorr~munication lines, and rail
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EMINENT DOMAIN DRAFT STUDY REPORT P
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certain criteria for State and Fede
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Exhibit 6 from last meeting -- Requ
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circumstances, which is exactly wha
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ight to all of the surface damage p
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I support eminent domain reform. I
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of Property" should also be rejecte
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that only a very few condem~iations
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approved use, the bill should requi
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While we don't believe this legisla
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projects delayed it is the citizens
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the subcommittee have been clear th
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Cenex supports the findings and rec
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up front. State and federal governm
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Cenex supports the findings and rec
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draft legislation, which does the f
Page 55 and 56: -The "Necessity/Public Interest" is
Page 57 and 58: I support eminent domain reform. I
Page 59 and 60: e used as a guide to better underst
Page 61 and 62: MEIC's testimony at the December 1,
Page 63 and 64: Northern Plains Resource Council Ma
Page 65 and 66: BROWN LAW F w P.C. Page 2 April 1 1
Page 67 and 68: BROWN hw P.C. Page 4 April 1 1, 200
Page 69 and 70: Page 2 March 3 1. 1000 3. Yearly fe
Page 71 and 72: Montana Environmental Quality Counc
Page 73 and 74: The five eminent domain reform bill
Page 75 and 76: Lee, Krista From: 3ent: To: Subject
Page 77 and 78: mlt~ Montana Independent Telecommun
Page 79: THE .. *I& i k end o* CQALITBON Jan
Page 82 and 83: knowledgeable buyer will pay and a
Page 84 and 85: volume gasoline pipelines at the ti
Page 86 and 87: January 23, 2000 Krista Lee Environ
Page 88 and 89: 3. The land value be based on whate
Page 90 and 91: NFW SECTION, Section 1. Limitation
Page 92 and 93: Memorandum TO: Aaron Browning FROM:
Page 94 and 95: MEMORANDUM MONTANA DEP~TMENT OF '+
Page 96 and 97: v 6 - c U :Preferable, maybe. Desir
Page 98 and 99: Public water supply wells susceptib
Page 100 and 101: Lee, Krista From: Alan Roiston [ala
Page 102 and 103: 11. Whether a condemning corporatio
Page 104 and 105: BULL MOUNTAIN LANDOWNERS ASSOCIATIO
Page 108 and 109: . . . . . . . . . . . .. . . . . .
Page 110 and 111: Environmental Quality Council March
Page 112 and 113: Northern Plains Resource Council Ma
Page 114 and 115: These examples illustrate that clea
Page 116 and 117: is not already appropriated to some
Page 118 and 119: Schoro v. Anaconda Co., 187 Mont. 3
Page 120 and 121: the abuse. But the changes being co
Page 122 and 123: DM1 ASPEN BOWER - COLORADO SPRIIUq
Page 124 and 125: HOLLAND & HART ATTORNEYS AT LAW LLP
Page 126 and 127: Environmental Quality Council April
Page 128 and 129: GOVERNOR SI.ARC R\CICOT HOCSE SIESI
Page 130 and 131: ROCKER SIX CAlTLE CO. HC 84 BOX 205
Page 132 and 133: Hi Krista, This letter is in regard
Page 134 and 135: NA COAL COUNCIL 01 COLONIAL DRIVE H
Page 136 and 137: 03/31/00 FRI 11:18 FAX 1 406 761 83
Page 138 and 139: BROWNING, KALECZYC, BERRY & HOVEN,
Page 140 and 141: EQC Eminent Domain Subcommittee-Pub
Page 142 and 143: No matter what. No criteria is appl
Page 144 and 145: On the issue of the use of taken la
Page 146 and 147: 3UDcommlttee-Pu blic Hearing WALLAC
Page 154 and 155: h.VC Lvl~ll~ent Oun~will Subcummitt
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1. hcgv Conservation. (Using less e
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In conclusion, it is important to r
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changed. Thosc who seek to condemn
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EQC Eminent Domain Subcommittee-Pub
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*.I - EQC Eminent Domain Subcommitt
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ights-of-way along with other uses,
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STANDARD CORM 199 Pr*9c*bd by DOz/U
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Other exemptions, waivers, or reduc
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-168- Volume Ill: Public Comment U.
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Ensuring just compensation: In most
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company by statute, in order to obt
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Crude Oil and Petroleum Products Pi
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Mitigation Measures #2 (State and F
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Burden of Proof EQC Eminent Domain
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EQC Eminent Domain subcommittee May
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TABLE OF CONTENTS . Section Page 10
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PROPOSED MASTER MITIGATION POLICY.
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DRAFT, 4/9/8 5 Indirect .land loss,
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DRAFT, 4/ 9/8 5 (5) Impacts During
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DRAFT, 4/9/85 the possibility of es
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DRAFT, 4/9/85 21) LARRS requests th
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DRAFT, 4/9/85 11 impacted communiti
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DRAFT, 4/9/85 13 appropriate . agen
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DRAFT, 4/9/85 ( 2 Strict speed limi
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DRAFT, 4/9/85 (5) A program of nois
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DRAFT, 4/ 9/ 8 5 b, Local. ambulanc
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DRAFT, 4/9/85 21 tion and operation
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DRAFT, 4/ 9/ 8 5 23 ces . These per
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DRAFT, 4/9/85 (a) quality (b) formi
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DRAFT, 4/9/85 27 tify new winter ra
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DRAFT, 4/9/85 29 of these individua
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DRAFT, 4/9/85 2. Topsoil should.. b
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DRAFT, 4/ 9/8 5 33 district ;would.
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DRAFT, 4/ 9/ 8 5 - and/or operation
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EQC Eminent Domain Subcommittee May
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Miles City Fish Hatchery Impact Ana
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Impact Analysis Studies and Propose
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'. ATTACHMENT A 'VIBRATION AND IMPA
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Study Plan Page 2 . As a condition
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Study Plan Page 4 Lab Tests -Target
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Study Plan Page 6 Information neede
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Study Plan Page 8 Rcfcrcnce List Be
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United States Department of the Int
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Bobbi Keeler, FA Coordinator 3 Idea
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EQC Eminent Domain Subcommittee DEP
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Robert Ochsner April 5, 1994 Page 3
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. Robert Ochsner April 5, 1994 Page
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Memo--Marylee Norris, John North Fe
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EQC Eminent Domain Subcommittee May
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Public Comment. Volume III - Montana Legislature

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