Public Comment. Volume III - Montana Legislature

EQC Eminent Domain
Subcommittee-Public Hearing
March 23.2000
Exhibit 4
CHARTER LIVESTOCK
Steve & Jeanne Charter
13838 Hwy 87 N, Shepherd, MT 59079
1-406-947-2151, Fax 1-406-947-2152
Eminant Domain Subcommittee
Montana Environmental Quality Council
Thursday, March 23, 2000
My name is Jeanne Charter. Part of our ranch
borders Highway 87 North towards Roundup about 15 miles
out of Billings. The two big high voltage powerlines
from Colstrip 3 & 4 cross us.
We went through condemnation proceedings over the
damage compensation award for this right-of-way in the
late 1970's. MPC really low-balled us on their offer,
proposing only large tract grazing land prices. We
ended up being awarded 10 TIMES what the company
offered by the 3-man condemnation panel. The panel
recognized both our concerns that 1) the right-of-way
involved only a small tract and 2) that the big power
lines damaged property values for subdivision to the
adjoining property.
Most landowners are very reluctant to go to court;
condemning companies use that to their unfair
advantage. We believe EQC should recommend that the
eminant domain law be amended to grant landowners the
right to third party arbitration of both monetary
damages and also individual tract right-of-way
centerline routing prior to condemnation in court.
Judging from our experience, condemning companies would
be much more reasonable about routing and price if they
had to explain the fairness of their offer to a neutral
third party. The cost of arbitration should be paid by
the party seeking to condemn property.
One other proposal we made in court that we did
not prevail on was to be awarded annual right-of-way
payments at industrial lease rates. We feel this
option should be amended into the eminant domain
statute as well. If industrial use is made of
property, industrial rental rates should be paid. If
this raises consumer costs somewhat, so be it. Private
landowners should not be expected to subsidize other
businesses1 profits or consumer prices.
-146- Volume Ill: Public Comment