Public Comment. Volume III - Montana Legislature

DRAFT, 4/9/85 4
of compensation. and reuse of the.-parcel.for. some other -
purpose.
(3) ROW Fencing. The Applicant shoulk construct ROW
fencing along the entire line according to specifications
most suitable to the landowners. If special
fencing needs or specifications are requested on individual
ranches, it will become a matter for negotiation.
Likewise, if, in some cases, landowners would
prefer to forego fencing of the ROW in order to provide
easier access for livestock across the rail line, the
Applicant should cons$de.r4 such a request after consultation
='---other railroads concerning safety,
liability, and other requirements.
( 4) Access Restrictions. The Applicant has tentatively
identified 77 cattle passes that would be installed
along the ROW. These cattle passes would consist of an
oval, corrugated metal structure, roughly 12 ft. high
and 11.5 ft. wide at the base. The proposed locations
for these cattle passes were developed by the engineering
consultants, using aerial photography, on-theground
inspection, and information from individual
landowners. The locations of these cattle passes were
indicated in second phase engineering plan and profile
sheets, which were provided to the individual landowners
for comment. The Applicant shou/t]l: work with
landowners during third phase engineerfig- and ROW negotiations
to identify the locations of any additional
cattle passes and to finalize the placement of those
previously identified.
In some cases, landowners may prefer a different type
of cattle pass than that currently proposed by the
. Applicant, e.g., box culvert, trestle, etc. Recognizing
that different types of cattle passes could be
far more costly than those currently proposed, the
Applicant shou~work with the individual landowners to
develop an acceptable alternative. For instance, one
alternative might be to install a trestle-type structure
in lieu of two or three corrugated metal culverts.
In such a case, the cost of the trestle could be basically
the same as the culverts, and thus an acceptable
compromise. In other instances, such as where the
placement of a cattle pass is not feasible from an
engineering standpoint due to an extensive cut, the
Applicant should discuss with the landowner the possibility
of h-brTdge over the railroad to provide access
for cattle.
EQC Eminent Domain Study -1 87-