Public Comment. Volume III - Montana Legislature

Burden of Proof
EQC Eminent Domain
Subcommittee
May 4,2000
Exhibit 9
Mr. Chairman:
I move to amend the Subcommittee's findings and draft recommendations on burden of
proof.
Signed: 9
\
And that such amendments read as follows:
1. On: Page 118 of the draft report, in the column entitled 'Findings" on the row
entitled 'Burden of Proof
Strike: the finding in its entirety.
Insert: 'At Dublic hearings and in testimonv. the Dublic has raised a leaitimate
concern that the burden of roof for non-aovernmental condemnors is too low.
Non-aovernmental condemnors are not qenerallv accountable to taxpavers or
voters, and as such should have a hiqher burden of roof. The Dower of eminent
domain abridaes Montanans'. inalienable riaht to use and eniov ~rivate ~ro~ertv,
and a hiah leaal burden should be established before ~roDertv is taken. The
burden of roof for landowners should not be raised."
2. On: Page 118 of the draft report, in the column entitled 'Draft
Recommendationn on the row entitled 'Burden of Proof
Strike: the recommendation in its entirety.
Insert: 'Add lanauaae to 70-30, MCA. raisinu the burden of roof for a nongovernmental
condemnor to clear and convincina evidence, and ex~licitlv stating
that defendant pro~ertv owners need not meet a hiqher standard."
-1 78- Volume Ill: Public Comment