Public Comment. Volume III - Montana Legislature

h.VC Lvl~ll~ent Oun~will
Subcummittce-Public ticaring
March 23, 2000
Exhibit 7
My name is D ~ rG. y Phebus, I am a redred Postmaste
has lived in Fallon County and the city of Baker for 77 years.
DURING MIS TIME I HAVE OBSERVED THE OIL AND GAS COMPANIES. AS THEY USED THE
EMINENT DOMAIN LAWS TO TRAMPLE ON OUT CITZENS PRIVATE PROPERTY RIGHTS.
I WANT TO RELATE OONE CASE WHERE MONTANA DAKOTA UTILITIES AND WILLISTON
BASIN PIPE LINE COMPANY USED THE EMINENT DOMAIN LAWS TO CONFONSATE
MILLIONS OF DOLLARS OF NATURAL GAS WHICH WAS OWNED BY FALLON COUNTY. AND
A GROUP OF FALLON COUNTY CITZENS.
IT IS STILL HARD FOR ME TO BELIEVE THAT THIS CONFONSCATION OF PRIVATE
PROPERTY CAN TAKE PLACE UNDER OUR STATE AND NATIONAL CONSTITUTION.
TO BE BRIEF; THE UTILITIES COMPANIES NEEDED A PLACE TO STORE NATURAL GAS
WHICH WAS SURPLUS m THE WYOMING AREA.
THE MONTANA DAKOTA UnLITIES OWNED MOST OF THE MINERAL RIGHTS IN THE
JUDITH BASIN GAS FORMATION IN FALLON COUNTY AND SURROUNDING AREA.
IN ORDER TO ACQUIRE ALL THE MINERAL RIGHTS IN THE FORMATION THEY SENT
LETTERS TO PROPERTY OWNERS OFFERING THEM INSUFFICIENT AMOUNTS OF MONEY.
625.00 M THE CASE OF CITY LOTS, TAKE THE MONEY OR WE WILL ACQUIRE YOUR
PROPERTY UNDER EMINENT DOMAIN.
THE FALLON COUNTY COMMISSIONERS AND A GROUP OF PRIVATE CITZENS OBJECTED AS
THE RESIDUAL NATURAL GAS UNDER THE PROPERTY WAS WORTH MnLIONS OF
DOLLARS AS DETERMINED BY A INDEPENENT SURVEY.
THE IJTILlTlES COMPANIES USED THE EMINENT DOMAIN LAWS TO GO TO STATE COURT
AND SOON SAW THAT IT WAS TO THEIR ADVANTAGE TO TRANSFER THE CASE TO
FEDERAL COURT. A LENGTHLY TRIAL INSUED.
FEDERAL COURT JUDGE, JAMES BATTRJ RULED THAT WILLISTON BASIN PIPE LINE
COMPANY HAD THE RIGHT TO CONDEM THE ENTIRE JUDITH BASIN NATURAL GAS
STRUCTURE IN AND AROUND FALLON COUNTY UNDER EMINENT DOMAIN AND THE
RESIDUAL NATURAL GAS IN THE STRUCTURE WA ONLY WORTH THOUSANDS OF
DOLLARS INSTEAD OF MILLIONS.
PLEASE UNDERSTAND THAT SOME OF THESE PROPERTY OWNERS HAD NATURAL GAS
WELLS WITH WHICH THEY HEATED THEIR HOMES. WITH MINERAL RIGHTS GOING BACK
TO THE EARLY 1900's
FALLON C O W TOOK THE CASE TO THE 9m DISTRICT. IN THE MEAN TIME THE
ATTORNEY WOWG FOR FALLON C O W WAS KILLED UNDER MISTERIOUS
CIRCUMSTANCES.
THE ORDER CAME DOWN FROM THE 9m DISTRICT, PLUG ALL THE PRODUCING WELLS ON
PRIVATE PROPERTY. PAY AS LITTLE AS $2.75 PER LOT FORTHE RESIDUAL GAS AND SEND
IN THE U.S. MARSHALLS TO ACCOMLISH THE JOB.
THE DAY THAT THE U.S. MARSHALLS ARRIVED WITH THE CEMENTING CREWS TO PLUG
THE PRIVATE GAS WELLS WAS A DAY THAT I WONDERED F I WAS STILL LIVING IN THE
UMTED STATES OF AMQUCA WHERE I BELIEVED PRIVATE PROPERTY RIGHTS ARE
GUARNEENED UNDER THE CONSTITUTION.
cccccccc~SHOW FALLON COUNTY TIMES HEADLINES>>>>>>>>>>>>>>
GENTLEMAN;;;;;;; WE MUST STRENGTHEN OUR CITZENS RIGm CONCERNING THE
CONFISCATION OF PRIVATE PROPERTY AND THE PAYMENT OF A FAIR COMPENSATION.
1 BELIEVE STATE LAW MUST BE CRAFTED SO THAT THE FEDERAL COURTS CANNOT
URSERP OUR PRIVATE PROPERTY RIGHTS UNDER EMINENT DOMAIN.
MY EXAMPLE OF ACTIONS IN FALLON COUNn SHOWS HOW POWERFUL CORPORATlONS
WITH MONEY AND POLITICAL MFLUENCE CAN OVERRIDE THE RIGHTS OF OUR ClTZENS.
WHEN A FOR PROFIT CORPORATION CAN TAKE YOUR PROPERTY WITHOUT JUST
COMPENSATION. THEN WRONG RULES THE LAND AND SLEEPING NSTICE WAITS.
DO YOU HAVE AN QUESTIONS.
-1 50- Volume Ill: Public Comment