Public Comment. Volume III - Montana Legislature

EQC Eminent Domain
Subcommittee-Public Hearing
March 23,2000
Exhibit 6
Mr. Chairman, members of the council, for the record, my name is Clint
McRae. I reside at Rocker Six Cattle Co., Box 2056, Forsyth MT, 59327. I
have had first hand experience with the inadequacies of the laws of eminent
domain. That is why I stand in front of you today.
It is time for the eminent domain laws in the state of Montana to be
reformed. This law is over 100 'years old and has served its purpose as it is
written. The purpose of this law was to build infrastructure and serve the
public at every remote area of the country. At that time there was a need for
,the awesome power of eminent domain.
In this new millennium, that has changed. There are projects in this state that
have been permitted under the thinly veiled disguise of need. The fust
change in the law needs to place responsibility on the permit holders to
prove that the public is being served, and that a need exists. Private
companies who seek profits at the expense of landowners are abusing
eminent domain laws.
The second change to the law needs to be the addition of an easement as
opposed to signing away fee title. It is common for companies to seek fee
title to private land. Fee title can be used as collateral to the company's
creditors. The Bureau of Land Management, Forest Service, and the
Department of Natural Resources and Conservation all require easements
across land they control. There is no reason why a private landowner should
be held to a different standard. The decision of fee title or easement should
be left to the landowner.
The third change has to do with the actual taking of the property. Possession
of private land should not occur until all formal proceedings have been
exhausted. It is not right for a company to take land and settle later.
The fourth change needs to explicitly state that a right of way permit is
granted for only one specific use. AQ~
additional proposed right of way uses
needs to be re-negotiated with the private landowner.
-1 48- Volume Ill: Public Comment