Public Comment. Volume III - Montana Legislature

the abuse. But the changes being contemplated will shift that decision making to the judges, who are much
less qualified in making decisions pertaining to the sciences involved in designing and building roads.
CONCLUSION
In conclusion, MDT strongly urges that the subcommittee not take the proposed action for the
reasons given above, that is:
(1) Montana cases and statutes have establish a procedure which allows needed projects to
go forward;
(1) the road building authorities have considerable expertise and should be allowed to exercise
their discretion in the design and location of public improvements;
(2) the Landowners have a process to overcome the presumption that this discretion was not
properly exercised;
(3) a change in the standard, and a shifting of the party who must produce the proof, would
overturn a hundred years of established law, with unknown, but potentially devastating
results to the state's attempts to upgrade its roads and bridges;
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