Public Comment. Volume III - Montana Legislature

Montana Electric Cooperatives' Assocratzon
Allen 'rhiessen Donald Jones Richard Stahl . Dovld M. WWlhar
Execulive Vice RWdm
President Vlce President Secretary/li-eusurer Geneml Mattage
COMMErnS
OF THE MONTANA ELECTRIC COOPERAT'TVES' ASSOCIATION
REGARDING PROPOSED CHANGE IN BURDEN OF PROOF STANDARD
EMJNENT DOMAIN
Presented to tbe Montana Environmental Quality Comci.1
Subcommittee on Eminent Domain
March 3 1,2000
Thank you for providing Montana Electric Cooperatives' Association the opportunity to
provide input regarding the proposal to replace "preponderance of the evidence" with a
"clear and convincing evidence" standard in determining whether a condemnation
proceeding involving use of eminent domain is in the public interest.
As our Association reported in its testimony to the subcommittee at its meeting in
Billings on March 23, Montana's electric cooperatives' rarely, if ever, have used eminent
domain law in the half century or more that co-ops have been in existence in Montana
However, as we stattd, we believe the power of eminent domain is a necessary tool to
have available.
Our Association is concerned about the proposal to raise 'the burden of proof standard as
outlined by the Environmental Quality Council in its March 27 memorandum. From a
legal standpoint, we believe this change could have a chilling efkct on a cooperative's
ability to extend power lines and build subitations to adequately sme custom& and
communities. Such an impact, of course, would be seriously detrimental to economic
development in our state and in local communities.
The "clear and convincing standard" could create a hurdle significant enough that it
would be very difficult to prove continued construction of infrastructure is in the public
interest.
Sol Bay Drive EO. Box 11306 Great Fa/&. MT 59403
Phnne f4M17h1-8333 Fax: (406) 7618339 rntcoop@mcn.net
EQC Eminent Domain Study -1 33-