Public Comment. Volume III - Montana Legislature

Type of Interest Taken (Easement v. Deed,
EQC Eminent Domain
Subcommittee
May.4, iooo
Exhibit 18
Mr. Chairman:
I move to amend the Subcommittee's findings and draft recommendations on type of
interest taken.
Signed:
I
f'
And that such amendments read as follows:
1. On: Page 118 of the draft report, in the column entitled 'Findings" on the row
entitled 'Type of lnterest Taken."
Strike: the finding in its entirety.
Insert: 'There is dis~ute among interested ~arties as to whether current law limits
the interest condemnors take to an easement unless the condemnor Droves in
court that a areater interest is necessarv. Landowners have ex~ressed concern
durina public hearinqs and in testimony that the law mav not limit the interest
taken to an easement. Some sections of the code. includina Section 70-30-111,
MCA and 70-30-206. MCA are unclear on this ~oint."
2. On: Page 118 of the draft report, in the column entitled "Draft
Recommendation" on the row entitled "Type of lnterest Taken."
Strike: "Make no changes to current law."
Insert: "Add lanauaae to 70-30, MCA, such as the languaae in 1999's House Bill
355, to clarifv that. bv default, the ty~e of interest taken in an eminent domain
proceedina is an easement, and that a condemnor must Drove a areater interest
is necessarv, one is souqht."
EQC Eminent Domain Study -1 79-