Public Comment. Volume III - Montana Legislature

EMINENT DOMAIN DRAFT STUDY REPORT PUBLIC COMMENT
SUMMARIZED BY FINDINGS AND RECOMMENDAI-IONS MATRIX ITEM
Entities Authorized to Exercise the Right of Eminent Domain
The entities authorized to condemn come from a list that the judge reviews.
Tongue River Railroad (TRR) car1 be taken from the list because railroads are
on it. However TRR does not operate trains and are not a railroad. They are
only building the railroad. BNSF will operate the trains. If I call myself a
railroad should I automatically gain condemnation authority because it is on the
list? (Fix)
Cenex supports the findings and recommendations of the study, as presented
in Chapter 7 of the draft Report. (Cenex)
We agree with the finding and draft recommendation as outlined in the report.
(W ETA)
Montana Petroleum Association believes the Subcommittee's "Findings" and
"Draft Recommendations" fairly represent and balance the evidence presented
to the Subcomtr~ittee. (NIPA)
Federal State Relationship
TRR tried to assert that they had federal condemnation authority and were
prepared at one point to condemn State land without getting the necessary
permits required by the State. Thanks to the state attorneys this was not
allowed to happen. This project is totally contained within the state of Montana
and the State should have control of projects within its boundaries. Once the
Federal Government decides a project is warranted it is up to the State to use
its Eminent Domain Statutes to promote the project. If the State is doing the
condemning it should have rights to review any decisions made by the Federal
Agencies it proceeds. (Fix)
Cenex supports the findings and recommendations of the study, as presented
in Chapter 7 of the draft Report. (Cenex)
We agree with the finding and draft recommendation as outlined in the report.
(W ETA)
EQC Eminent Domain Study -1 9-