Public Comment. Volume III - Montana Legislature

DRAFT , 4/9/85
2.1 . Agricultural Operations -
2.1.1 General
The major goal of all mitigation measures directed at individual
agricultural operations will be to minimize the effect of
the railtoad on day-to-day operation's of .the existing ranches.
The negotiations and planning process should focus on the
following objectives:
I
(a) Maintaining the integrity of each operation as an independent
agricultural enterprise,
?.*-,* (b) Maintaining the economic vitality and productivity of
each operation at levels generally appr'oximating the
current situation.
/ 1 Developing and implementing measures which will
. preclude the necessity for significant time/labor
increases due to the existence of the railroad.
dl' Identifying parcels which will no longer be economi-
/' cally viable for present uses, and developing alternative
uses ox appropriate compensation,
(el Implementing measures to limit or preclude nuisance
impacts of the railroad.
, .
With these goals in mind, the Applicant intends to undertake
negotiations with individual landowners during acquisition of the
right-of-way (ROW). Firm commitments as to the specific measures
to be taken to attain the above-stated goals will be made and
documented by the parties. Areas of concern that should be
addtessed include, but are not limited to, the following items
(1) Direct and Indirect Land Loss. Each agricultural .
operation that is crossed by the Tongue River Railroad
will experience some loss of agricultural land due to
inclusion in the ROW. The only mitigation for such
loss is direct compensation. This compensation is properly
negotiated on an individual basis between each
landowner and the Applicant,
7
' l~hese areas of concern have been identified through review
of the comments on the Draft EIS and supplement. thereto, review
of testimony delivered at hearings, and'c~nsulta~ion with NPRC
staff members, NPRC1s suggested mitigation recommendations were
attached to its post-hearing brief as Appendix 4.
EQC Eminent Domain Study -1 85-