Public Comment. Volume III - Montana Legislature

ROCKER SIX CAlTLE CO.
HC 84 BOX 2055
FORSYTH, MONTANA 59327
April 1. 2000 ,
Krista Lee
Resource Policy Analyst
Environmental Qualit_v Council
P. 0. Box 20 174
Helena, Montana 596204704
Dear Krista:
I believe that I can predict the results of your poll of interested parties concerning the replacing "a
preponderance of evidence" with the standard of "clear and convincing evidence." Those landowners
who have experienced condemnation of their property by eminent domain will respond that the burden of
proof needs to be raised to a higher standard while the condemnors will take a "Chicken Littlen approach
predicting that not only will the sky fall in if the test bar is raised, but that all progress and projects that
employ comdemnation will grind to an agonizing halt.
Instead of a poll of interested parties, I would suggest that the Council members consider the information
that they heard at the recent public meeting in Billings. If the Council considers the public comments
concerning the abuses related by landowners, it will be obvious that the standard should be raised. What
is also significant, I believe, was that there was a complete lack of criticism concerning governmental
agencies treating landowners unfairly. The problems arise from activities by private entities that use the
governments' right to condemn. This should lead the Council members to the conclusion that landowners,
and courts, recognize, and accept, projects that truly represent "public convenience and necessity" and that
various governments use of eminent domain would have no trouble with a higher standard prior to the
taking of lands.
Sincerely,
-1 26- Volume Ill: Public Comment