Public Comment. Volume III - Montana Legislature

EQC Eminent Domain ,
Su bcommittee-Public Hearing
March 23,2000
Exhibit 5
March 23 Hearing by the Montana Environmental Quality Councll
Montana State University - Billings
Spzcial Education Building, Room 159
My name is Nellie lsrael. 1 live in Joliet, Montana, and am
representing the Northern Plains Resource Council. My first concern
with the eminent domain Iaws began when the Stillwater Mining
Company began plans for running a slurry. pipe-line to a new settling
pond though a historic. Indian buffdo jump on my- son-in-laws ranch.
I would remind you that Montana has no laws regulating pipeline
safe.ty, installation or ope-ration, nor is there authority to require.
insurance or bonding for spills, breaks, or leaks. Any gas or oil
pipeline under 17 inches in diameter is not subject to Montana's
Major Facility Siting Act and thus does not receive a comprehensive
review and certification. Any entity installing such a pipeline needs
no approval of the route, and need only get. permits in piecemeal
fashion from various State agencies.
The existing eminent domain laws need to be reformed in order to
ensure that landowndhave reasonable rights when a company
attempts to seize private property for their own gain. The key
reforms needed are:
1) It should be required to prove that is is being done for a truly
public purpose.
2) Minimizing the damage to private property shouId be required.
3) Certain standards should be met, and landowners should have
the option of leasing rather than deeding the land.
4) Stiff leg& damages for harming private property should be
required.
5) Those who condemn someme else's land should not be allowed
to take possession until comt proceedings are concluded.
my concerns.
Nellie lsrael
PO Box 76
Joliet, Montana 5904 1
(406) 962 3520
EQC Eminent Domain Study -147-