Public Comment. Volume III - Montana Legislature

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EQC Eminent Domain subcommittee May 4,2000 Exhibit 11 Eminant Domain Subcommittee Mr. Chairman, members of the committee, my name is Clint McRae. I am vice president of Rocker Six Cattle Company of Forsyth. I am appalled at the voting record of this committee on the subject of eminant domain reform. The last few meetings have been dominated by paid industry lobbyists and attournys. They have convinced you that there is no need to reform this antiquated law. As I have testified previously, we have seen first hand the abuse of eminant domain laws by the Tongue River Railroad Co. Our first notice by the TRR was a right of entry agreement to survey and do the geo - technical work along the proposed right of way. This entailed several hollow stem core holes and test pits. This first notice mentioned their power and right of eminant domain. Their offer for damages to 5 sections was a flat fee of $ 1000.00. Every landowner received this same offer regardless of the amount of land effected, whether it was a hundred yards or ten miles. We felt that $1000 was not nearly enough considering the impact and disruption this work would cause. We sent a counter offer of $5000 per section or $20,000 for the five sections affected We waited 3 months for a response. When the TRR finally did respond, they accused us of discontinuing negotiations. Our offer still stood. On June 18, 1998, we met with a represantitive of Dubray Land Services, an agent of the TRRC. The new agreement was an offer of $5000. The twist was that $4000 of the total was an advance from the final right of way agreement. This was not acceptable to us either. I explicitly asked the representative if this figure was negotiable. He stated that it was NOT! Five days later, we recieved a ten day notice &om Lucas and Tonn, one of the TRRC's attoumys, stating that if we did not respond to them, they would send a 2nd notice, enter the land do the work without compensation. None of our concerns such as weeds, fire, off road travel, mud, and dust and road building were ever acknowleged as points of negotiation by the TRR. This failure to respond to our concerns is an outright abuse of the eminant domain laws and is a stark contrast from what you have heard of industry lobbyists at these meetings. The second item I want to expose is the TRR's mitigation plan. This document is 36 pages long and uses the word "should" 174 times. This is an average of 5.2 "shoulds" per page. This is our "negotiating power" mentioned by industry. Please compare this document with mitigation plans for the BLM, DNRC, W fish hatchery, and the Livestock Experiment Station at Miles City. You will be shocked at the Wkrewe, yet this committee voted down a resolution that would make private land mitigation equal to state of federal land. This is an outrage. The last issue I will mention is, last night, I left my six year old daughter in tears because I am going to miss her first kindergarten program. I testified at your last meeting in Billings hoping I wouldn't have to come to Helena and do it again. At that time, I had confidence in this committee to make some needed changes in this law. I have driven 370 miles, I have paid for my own gas, meals, and motel rooms. I am not reimbursed as the paid lobbyists in this room will be. Your obligation is to the PUBLIC represented in this room, NOT to industry. I hope for my daughters sake that I did not take this trip in vain. Clint McRae -1 80- <strong>Volume</strong> Ill: <strong>Public</strong> Corr~ment
EQC Eminent Domain Subcommittee - .. - - May 4,2000 Exbibit 12 INTERSTATE COMMERCE COMMISSIO Washington, D.C. 20423 Finance Docket No. 30186 TONGUE RIVER RAILROAD -- CONSTRUCTION AND OPERATION IN CUSTER, ROSEBUD, AND POWDER RIVER COUNTIES, MONTANA PROPOSED MASTER MITIGATION POLICY AND PL@ FOR THE TONGUE RIVER RAILROAD COMPANY NOTICE TO PARTIES: - Here is your copy of the Proposed Master ~iti~atioi Policy and Plan. Written comments addressing the contents-of this document are welcomed. In order to meet statutory deadlines for processing this matter, written comments must be received by the ' Section of Energy and Environment within 3 weeks of service of this document. Carl Bausch, Room 4143 Office of Transportation Analysis Section of Energy and Environment Interstate Commerce Commission Washington, D.C. 20423 EQC Eminent Domain Study -1 81 -
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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
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ROCKER SIX CAlTLE CO. HC 84 BOX 205
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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
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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 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
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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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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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