Public Comment. Volume III - Montana Legislature

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Mitigation Measures #2 (State and Federal v. Priv 'L, EQC Eminent Domain Subcommittee May 4,2000 Exhibit 7 Mr. Chairman: 1 move to amend the Subcommittee's draft recommendations on mitigation measures. Signed: Q Y \ And that such amendments read as follows: 1. On: Page 115 of the draft report, in the column entitled 'Draft Recommendation" on the row entitled 'Mitigation Measures." Following: 'Handbook." Insert: '3- Add lanauaae to 70-30. MCA that states that a condemnee who is unable to neaotiate mitiaation measures satisfactorv to the condemnee may reauire the condemnor to a ~~lv the same mitiaation measures that are a~~lied on ~ublic land for that ~roiect in that reaion." -1 76- Volume Ill: Public Comment
Possession of Property - 1 EQC Eminent Domain Subcommittee May 4,2000 Exhibit 8 Mr. Chairman: I move to amend the Subcommittee's findings and draft recommendations on possession of property. Signed: e And that such amendments read as follows: 1. On: Page 116 of the draft report, in the column entitled 'Findings" on the row entitled 'Possession of Property." Strike: Finding "2" in its entirety. Insert: '2 - In testimonv and at public hearings, the public has raised a leaitimate concern that lai in tiffs in eminent domain proceedings (condemnors) aet unfair, special treatment compared to plaintiffs in other civil court cases because condemnors mav take ~ossession of landowner propertv before there is an a~peal. In other civil cases, the award mav be withheld upon appeal. .- 'While some condemnors mav be unlikelv to take ~ossession prior to an a~peal on ~ublic interest or necessitv, in order to protect the inalienable riaht to use and eniov private DroDertv auaranteed bv the Montana Constitution. the eminent domain statutes should allow landowners to retain ~ossession of their propertv as lona as ~ossible." 2. On: Page 116 of the draft report, in the column entitled 'Draft Recommendation" on the row entitled 'Possession of Property." Strike: 'Make no changes in current law." Insert: 'Add lanauaae to 70-30. MCA that states a condemnor mav onlv take possession after an a~peal to the Montana Su~reme Court, unless the onlv issue on appeal is the monetarv value of iust compensation." EQC Eminent Domain Study -1 77-
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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
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DM1 ASPEN BOWER - COLORADO SPRIIUq
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HOLLAND & HART ATTORNEYS AT LAW LLP
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Environmental Quality Council April
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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 172 and 173: -168- Volume Ill: Public Comment U.
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 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.
Page 222 and 223: DRAFT, 4/ 9/ 8 5 - and/or operation
Page 224 and 225: EQC Eminent Domain Subcommittee May
Page 226 and 227: Miles City Fish Hatchery Impact Ana
Page 228 and 229: Impact Analysis Studies and Propose
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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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