Public Comment. Volume III - Montana Legislature

Mitigation Measures #1 (MEPA)
EQC Eminent Domain
Subcommittee
May 4,'2000
Exhibit 6
Mr. Chairman:
I move to amend the Subcommittee's findings and draft recommendations on mitigation
measures.
And that such amendments read as follows:
1. On: Page 115 of the draft report, in the column entitled 'Findings" on the row
entitled 'Mitigation Measures."
Following: Finding '2".
Insert: '3- At Subcommittee meetinas. some industry re~resentatives have stated
4
Policv Act are to be used to mitiaate damaae to private ~ro~ertv. Review of
MEPA and NEPA indicates that these laws do not currentlv reauire an
environmental assessment or an environmental impact statement to be
completed before condemnation can occur.
p
e
to be used to identifv mitiaation measures for landowner's private ~roperty. EAs
and ElSs must be completed before condemnation can occur."
2. On: Page 115 of the draft report, in the column entitled 'Draft
Recommendation" on the row entitled 'Mitigation Measures."
Before: 'Address the face.. ."
Insert: 'E
Following: 'Handbook."
Insert: '2- Add lanauaae to 70-30, MCA that states that condemnation cannot
occur until a final environmental assessment or environmental im~act statement
has been com~leted if one is reauired under MEPA or NEPA for the ~roiect
seekina condemnation."
EQC Eminent Domain Study -1 75-