Public Comment. Volume III - Montana Legislature

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In conclusion, it is important to recognize the connection between power plant emissions and Eminent Domain: 1. Eminent Domain must become a party to the pollution control of the facilities which are accessed by the utility corridor; the function cannot be negated even when another regulatory body's responsibilities are encountered. 2. The new technology will generally involve many new much smaller power plants, at the same time, old polluting facilities are being decommissioned, in effect re-localizing the distribution dynamics. This suggests that fbture permitting will mainly not be on the grand scale characteristic of the 20h Century; in other words, Eminent Domain will start to wind down because it will be bypassed by innovative factors beyond its control. POSTSCRIPT From time to time we do receive visitors to our home who have serious interest in the above described new technologies. Let us know the circumstances. We will try to oblige. For authoritative professional advice, we recommend interested parties consult Planetary Systems, Box 340, Ennis, MT 59729, phone 406-682-5646. -1 54- Volume Ill: Public Comment
Hill Hoirse Box 547 Bimey, k1T. 5901 2 EQC Eminent Domain Subcommittee-Public Hearing March 23,2000 Exhibit 9 To:. EQC En?inent.Dornltin Sub-Committee ~ncmbers From: Christine Valentine Re: Eminent Domain Law Reform Over twenty years ago Senator Mike Mansfield said in a message to Congress, "Montana must do several things ... first .... rcpcal the Eminent Domain Law which permits large corporations holding sub-surface rights, to condemn mrfhce ownership." Former Senator Lee Metcalf said that sane year, "Ranchers and fanners and residents of Montana find their land and whole fiturc in jeopardy because of Montana's Eminent Domain law." Former Rosebud County William Meisburger also wrote to me that same year, ''Of course condemnation, as you know, CONTEMPLATES a fair recompense to the owner, but as you& know, THE END RESULT OF CONDEMNATION PROCEEDWGS FREQUENTLY LEAVE THE LANDOWNERS UNHAPPY" Why have we not listened to these well-respected Montana Citizenso? Another twenty years have gone by and landowners' ~ghts ilnder condemnation procedures have not been EQC Eminent Domain Study -1 55-
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Public Benefits and Private Rights:
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Helena Public Hearing. December 1.
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The Eminent Domain Subcommittee (Su
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The location of the right-of-way of
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land to locate the pipeline. She ad
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in a case in Illinois a pipeline wa
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REP. MCGEE questioned who would pay
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PUBI-IC COMMENT - BILLINGS Dena Hof
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use the power of eminent domain sho
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were no answers provided. 'The Legi
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telecorr~munication lines, and rail
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EMINENT DOMAIN DRAFT STUDY REPORT P
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certain criteria for State and Fede
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Exhibit 6 from last meeting -- Requ
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circumstances, which is exactly wha
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ight to all of the surface damage p
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I support eminent domain reform. I
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of Property" should also be rejecte
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that only a very few condem~iations
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approved use, the bill should requi
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While we don't believe this legisla
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projects delayed it is the citizens
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the subcommittee have been clear th
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Cenex supports the findings and rec
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up front. State and federal governm
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Cenex supports the findings and rec
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draft legislation, which does the f
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-The "Necessity/Public Interest" is
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I support eminent domain reform. I
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e used as a guide to better underst
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MEIC's testimony at the December 1,
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Northern Plains Resource Council Ma
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BROWN LAW F w P.C. Page 2 April 1 1
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BROWN hw P.C. Page 4 April 1 1, 200
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Page 2 March 3 1. 1000 3. Yearly fe
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Montana Environmental Quality Counc
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The five eminent domain reform bill
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Lee, Krista From: 3ent: To: Subject
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mlt~ Montana Independent Telecommun
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THE .. *I& i k end o* CQALITBON Jan
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knowledgeable buyer will pay and a
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volume gasoline pipelines at the ti
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January 23, 2000 Krista Lee Environ
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3. The land value be based on whate
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NFW SECTION, Section 1. Limitation
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Memorandum TO: Aaron Browning FROM:
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MEMORANDUM MONTANA DEP~TMENT OF '+
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v 6 - c U :Preferable, maybe. Desir
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Public water supply wells susceptib
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Lee, Krista From: Alan Roiston [ala
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11. Whether a condemning corporatio
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BULL MOUNTAIN LANDOWNERS ASSOCIATIO
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APR- 3-00 MON 1145 PM THE PRINTERY
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Page 110 and 111: Environmental Quality Council March
Page 112 and 113: Northern Plains Resource Council Ma
Page 114 and 115: These examples illustrate that clea
Page 116 and 117: is not already appropriated to some
Page 118 and 119: Schoro v. Anaconda Co., 187 Mont. 3
Page 120 and 121: the abuse. But the changes being co
Page 122 and 123: DM1 ASPEN BOWER - COLORADO SPRIIUq
Page 124 and 125: HOLLAND & HART ATTORNEYS AT LAW LLP
Page 126 and 127: Environmental Quality Council April
Page 128 and 129: GOVERNOR SI.ARC R\CICOT HOCSE SIESI
Page 130 and 131: ROCKER SIX CAlTLE CO. HC 84 BOX 205
Page 132 and 133: Hi Krista, This letter is in regard
Page 134 and 135: NA COAL COUNCIL 01 COLONIAL DRIVE H
Page 136 and 137: 03/31/00 FRI 11:18 FAX 1 406 761 83
Page 138 and 139: BROWNING, KALECZYC, BERRY & HOVEN,
Page 140 and 141: EQC Eminent Domain Subcommittee-Pub
Page 142 and 143: No matter what. No criteria is appl
Page 144 and 145: On the issue of the use of taken la
Page 146 and 147: 3UDcommlttee-Pu blic Hearing WALLAC
Page 154 and 155: h.VC Lvl~ll~ent Oun~will Subcummitt
Page 156 and 157: 1. hcgv Conservation. (Using less e
Page 160 and 161: changed. Thosc who seek to condemn
Page 164 and 165: *.I - EQC Eminent Domain Subcommitt
Page 166 and 167: ights-of-way along with other uses,
Page 168 and 169: STANDARD CORM 199 Pr*9c*bd by DOz/U
Page 170 and 171: Other exemptions, waivers, or reduc
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Page 174 and 175: Ensuring just compensation: In most
Page 176 and 177: company by statute, in order to obt
Page 178 and 179: Crude Oil and Petroleum Products Pi
Page 180 and 181: Mitigation Measures #2 (State and F
Page 182 and 183: Burden of Proof EQC Eminent Domain
Page 184 and 185: EQC Eminent Domain subcommittee May
Page 186 and 187: TABLE OF CONTENTS . Section Page 10
Page 188 and 189: PROPOSED MASTER MITIGATION POLICY.
Page 190 and 191: DRAFT, 4/9/8 5 Indirect .land loss,
Page 192 and 193: DRAFT, 4/ 9/8 5 (5) Impacts During
Page 194 and 195: DRAFT, 4/9/85 the possibility of es
Page 196 and 197: DRAFT, 4/9/85 21) LARRS requests th
Page 198 and 199: DRAFT, 4/9/85 11 impacted communiti
Page 200 and 201: DRAFT, 4/9/85 13 appropriate . agen
Page 202 and 203: DRAFT, 4/9/85 ( 2 Strict speed limi
Page 204 and 205: DRAFT, 4/9/85 (5) A program of nois
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DRAFT, 4/9/85 21 tion and operation
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DRAFT, 4/ 9/ 8 5 23 ces . These per
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DRAFT, 4/9/85 (a) quality (b) formi
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DRAFT, 4/9/85 27 tify new winter ra
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DRAFT, 4/9/85 29 of these individua
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DRAFT, 4/9/85 2. Topsoil should.. b
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DRAFT, 4/ 9/8 5 33 district ;would.
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DRAFT, 4/ 9/ 8 5 - and/or operation
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EQC Eminent Domain Subcommittee May
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Miles City Fish Hatchery Impact Ana
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Impact Analysis Studies and Propose
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'. ATTACHMENT A 'VIBRATION AND IMPA
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Study Plan Page 2 . As a condition
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Study Plan Page 4 Lab Tests -Target
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Study Plan Page 6 Information neede
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Study Plan Page 8 Rcfcrcnce List Be
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United States Department of the Int
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Bobbi Keeler, FA Coordinator 3 Idea
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EQC Eminent Domain Subcommittee DEP
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Robert Ochsner April 5, 1994 Page 3
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. Robert Ochsner April 5, 1994 Page
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Memo--Marylee Norris, John North Fe
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EQC Eminent Domain Subcommittee May
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Public Comment. Volume III - Montana Legislature

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