Public Comment. Volume III - Montana Legislature

GOVERNOR SI.ARC R\CICOT HOCSE SIESIBERS SEN.\TE SIEMBERS PUBLIC sIESIBERS LEGISLATIVE
DESIGNATED REPRESEST.\TIVE Paul Cart Slack Cole Tom Ebzery ENVIRONSIENTAL
Julie Lapeyre Kim Gtllsn William Crismore Julia Rge ANALYST
Slonica 1. L~Ntren Bca blcCanhy Jerry Soremen Todd Evens
Doug Sloal Ken Slcsaros Howard F. Strause
B~ll Tash
Barry 'Spook" Sung
Cindy Younkin
Jon Tester
Memorandum
To: Eminent Domain Interested Persons A
From: Krista Lee, Resource Policy Analyst, EQC
JT
RE: Burden of Proof Standards u
APR 7~2000
ENVIRONM~W~
QUALITY COUW~L
Date: lMarch 27, 2000 .
At the March 23,2000 eminent domain subcommittee meeting, 'the subcommittee discussed
replacing the evidentiary standard necessary to establish that a taking is in the public interest.
The subcommittee has discussed replacing a "preponderance of the evidence" with a "clear and
convincing evidence" standard. The subcommittee needs more information on this prior to
making a decision on any recommendation.
Before making a draft recommendation, the subcommittee would like to receive comment with
regard to raising the burden of proof standard to "clear and convincing evidence." Please provide
written comment on how or if changing the burden of proof standard would affect you or your
business.
If you have comments or questions, please do not hesitate to contact me at 444-3957 or
k1eeastate.mt.u~
Please send written comment to the address below, prior to April 3,2000. I apologize for the
short time frame. The subcommittee will be meeting again on April
to review your comments.
Environmental Quality Council
Att: Krista Lee
PO Box 20 1706
~ I D ~ O E ,
- -
Helena, MT 59620- 1706
ydo lsr,cy w\/6/ZlLfF
-124- Vol~~me Ill: Public Comment