Public Comment. Volume III - Montana Legislature

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Environmental Quality Council April 11,2000 Page 5 I appreciate your considtkation of my remakks and thank you for contributing youi time to this endeavor. Sincerely yours. Paul D. M11Ier of Holland & Hart LLP -1 22- Volume Ill: Public Comment
Krista, comments from ExxonMobil Pipeline Law follow. Contact me with any questions. Thanks, Laura Laura K. Sleevi Operations Integrity Group ExxonMobil Pipeline Company Ph: 713.656.3801 // Fax: 713.656.3033 > Without examining the Montana eminent domain statute.(s) prescribing the standard of proof, or reading the Montana cases interpreting those statutes, it is not possible to specifically describe how the change would affect our business. "Clear and convincing" requires a greater degree of proof than "preponderance of the evidencev. Obviously, as a potential condemnor, we are opposed to any greater standard of proof. > Nevertheless, if a change in burden of proof standard is to be made, applying it to the project as a whole is preferable to application on a tract-by-tract basis. The appropriate question should be whether the project is in the public interest, rather than whether the taking on a particular tract is in the public interest. If the more stringent "clear and convincing" standard is applied on a tract by tract analysis, the likelihood of inconsistent results along the rightof-way is greater; i.e. on some tracts the taking of the particular tract may be found to be in the public interest, and on other tracts the particular taking may not be found in the public interest. Asking a judge or jury to determine that a project is in the public interest is preferable to asking the same judge or jury whether the taking on that particular tract (as opposed to some other tract) is in the public interest. Needless to.say, a continuous pipeline cannot be constructed on a patchwork of inconsistent eminent domain results. Neither public interest nor judicial economy will be served. > EQC Eminent Domain Study -1 23-
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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
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-The "Necessity/Public Interest" is
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I support eminent domain reform. I
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e used as a guide to better underst
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MEIC's testimony at the December 1,
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Northern Plains Resource Council Ma
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BROWN LAW F w P.C. Page 2 April 1 1
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BROWN hw P.C. Page 4 April 1 1, 200
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Page 2 March 3 1. 1000 3. Yearly fe
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Montana Environmental Quality Counc
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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 106 and 107: APR- 3-00 MON 1145 PM THE PRINTERY
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 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
Page 156 and 157: 1. hcgv Conservation. (Using less e
Page 158 and 159: In conclusion, it is important to r
Page 160 and 161: changed. Thosc who seek to condemn
Page 164 and 165: *.I - EQC Eminent Domain Subcommitt
Page 166 and 167: ights-of-way along with other uses,
Page 168 and 169: STANDARD CORM 199 Pr*9c*bd by DOz/U
Page 170 and 171: Other exemptions, waivers, or reduc
Page 172 and 173: -168- Volume Ill: Public Comment U.
Page 174 and 175: 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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