Public Comment. Volume III - Montana Legislature

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-168- Volume Ill: Public Comment U.S Department of the Interior Bureau of Land Management 1849 C St., N.W. Washington D.C. 20240
EQC Eminent Domain Subcommittee-Public Hearing March 23,2000 Exhibit 13 Eminent Domain Ref01-111s For Private Property Protection Summary of Reform Package Proposed by NRPC Before the Environmental Quality Council Billings 3123100- For many decades, Montana landowners have been exploited and their land, water and other property unnecessarily damaged under the state's antiquated, 123-year-old eminent domain law. Working with NPRC, landowners from across the state have developed the following platform of eminent domain reforms to ensure fair treatment for landowners whose property is - crossed by public or private industrial rights-of-way. Where noted, proposals similar to these have already been enacted into law in other states. ALSO, where noted, some of the following reforms were proposed in legislation introduced during the iggg Legislature. Minimizing damage to private property: Central to the eminent domain law is the principle that a project must do minimum damage to private property while providing maximum public benefit. However, in reality, under the threat of condemnation landowners find they have little or no say in picking the least damaging route for a right-of-way across their land. Landowners then find they must aggressively watchdog the project to ensure proper construction and reclamation. Even then, reclamation is often highly inadequate, resulting in weed infestations and many other problems. In contrast to rights-of-way across private lands, developers are held to much higher standards and must comply with much stronger land and water protection requirements on the public lands they cross. To ensure full and equal protection of land, water and other property, private property should be given the same level of protection required on public lands. For every project, the law should require that a mitigation plan is developed through a process that includes public comment. The state should monitor each plan and publish annual monitoring reports. Most important, if the state fails to enforce a mitigation plan, citizens must have the right to go to court to require enforcement. As required for pipelines developers under Colorado law, any private industry developing a right-of-way in Montana must post a reclamation bond. Determining true public use: The law should not presume that every pipeline, railroad, powerline or mine serves a public purpose that justifies the taking of private property. When a developer wants to take private property under the eminent domain law, they should have to show clear and convincing evidence that they are taking it for a truly public use. Public use should be determined on a case-by-case basis under criteria established in law. If the project is not a legitimate public use, then the developer should not be given the power to threaten condemnation when negotiating with landowners. They should be required to negotiate with landowners on a level playing field. Specifically, hard rock mines should not get special treatment under the law. Currently, Montana law does not grant the power of eminent domain to any other kind of mine. EQC Eminent Domain Study -1 69-
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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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. . . . . . . . . . . .. . . . . .
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Environmental Quality Council March
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Northern Plains Resource Council Ma
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These examples illustrate that clea
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is not already appropriated to some
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Schoro v. Anaconda Co., 187 Mont. 3
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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 158 and 159: In conclusion, it is important to r
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
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
Page 206 and 207: DRAFT, 4/ 9/ 8 5 b, Local. ambulanc
Page 208 and 209: DRAFT, 4/9/85 21 tion and operation
Page 210 and 211: DRAFT, 4/ 9/ 8 5 23 ces . These per
Page 212 and 213: DRAFT, 4/9/85 (a) quality (b) formi
Page 214 and 215: DRAFT, 4/9/85 27 tify new winter ra
Page 216 and 217: DRAFT, 4/9/85 29 of these individua
Page 218 and 219: DRAFT, 4/9/85 2. Topsoil should.. b
Page 220 and 221: 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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