Public Comment. Volume III - Montana Legislature

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Bobbi Keeler, FA Coordinator 3 Ideally, the railroad will use another route that would avoid the hatchery property. In.our opinion, a railroad through a hatchery is not a compatible use, and more so if use of the track is high which is typical for "coal" trains. If granting an easement is unavoidable, the easement route should be one that minimizes physical damages to the property and results in little or no change in the functioning of the facility. Sincere1 y, cc: Pat Grahw Director Mary Gessner Assistant Regional - Director Federal Aid -246- Volume Ill: Public Comment
, - ' 1 Jan-4-00 : 4 F r w M FISH WILDLIFE & PARKS +4064444952 1-401 P.O2/05 F-661 James Flynn, Dl rector Montana Department of Fish, Wildlffe and Parks 1120 Fast 6th Avenue He1 ena, rhntana 59620 Dear hm: In response to the request for an easement of the Tongue River Railroad to pass through- the Mi 1es City Fish Hatchery site, we recanmend that you contact the Montana State of flce of the Bureau of Land Management about this proposal since the patent for the land was issued to your Department by the Bureau, The new facilities developed vitth Federal Aid funds must continue to serve the intended purposes of the project. Otherwise, a loss of control would constitute a diversion of Federal Aid funds, Since the Environmental Impact Statement that was prepared earlier did not cover the new facllltfes, the impact of the proposed Tongue River Pailroad would have to be covered in a supplement, . We have- serious concerns about the potential adverse impacts that vibrations from the railroad cars could cause to the facilities and structures on the Hatchery grounds. Severe damage to facllltfes occurred on the Hotchkiss National Flsh Hatchery in Colorado frm vibrations caused by trains haul ing coal adjacent to the hatchery. Sfmllar structural damages can result from the proposed rail road right-of-way at the Miles C1 ty Fish Hatchery. Even i f the raflroad easement does not cross the hatchery propeny, it will cross the newly isqf pl!.e.P ngter supgly pipe\ lne frm t tie Ye1 loystone Riyer. In . . addttfon, data are available that demonstrate that various factors, such as sevefi vibrations, can stress fish easily, Such stress could affect reproduction of the broodstock and growth of the juvenile fish. Please contact us if we can be of further assistance on thls matter. Sincerely, /s/ Jerry J. Blackard Jerry 3, Blackard Oeputy Assistant Regional Director For Federal Aid Fl sheries and Federal Aid cc: Bobbi Balaz EQC Eminent Domain Study -247-
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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
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NA COAL COUNCIL 01 COLONIAL DRIVE H
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03/31/00 FRI 11:18 FAX 1 406 761 83
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BROWNING, KALECZYC, BERRY & HOVEN,
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EQC Eminent Domain Subcommittee-Pub
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No matter what. No criteria is appl
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On the issue of the use of taken la
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3UDcommlttee-Pu blic Hearing WALLAC
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h.VC Lvl~ll~ent Oun~will Subcummitt
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1. hcgv Conservation. (Using less e
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In conclusion, it is important to r
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changed. Thosc who seek to condemn
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*.I - EQC Eminent Domain Subcommitt
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ights-of-way along with other uses,
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STANDARD CORM 199 Pr*9c*bd by DOz/U
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Other exemptions, waivers, or reduc
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-168- Volume Ill: Public Comment U.
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Ensuring just compensation: In most
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company by statute, in order to obt
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Crude Oil and Petroleum Products Pi
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Mitigation Measures #2 (State and F
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Burden of Proof EQC Eminent Domain
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EQC Eminent Domain subcommittee May
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TABLE OF CONTENTS . Section Page 10
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PROPOSED MASTER MITIGATION POLICY.
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DRAFT, 4/9/8 5 Indirect .land loss,
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DRAFT, 4/ 9/8 5 (5) Impacts During
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DRAFT, 4/9/85 the possibility of es
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DRAFT, 4/9/85 21) LARRS requests th
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DRAFT, 4/9/85 11 impacted communiti
Page 200 and 201: DRAFT, 4/9/85 13 appropriate . agen
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
Page 238 and 239: '. ATTACHMENT A 'VIBRATION AND IMPA
Page 240 and 241: Study Plan Page 2 . As a condition
Page 242 and 243: Study Plan Page 4 Lab Tests -Target
Page 244 and 245: Study Plan Page 6 Information neede
Page 246 and 247: Study Plan Page 8 Rcfcrcnce List Be
Page 248 and 249: United States Department of the Int
Page 252 and 253: EQC Eminent Domain Subcommittee DEP
Page 254 and 255: Robert Ochsner April 5, 1994 Page 3
Page 260 and 261: . Robert Ochsner April 5, 1994 Page
Page 262 and 263: Memo--Marylee Norris, John North Fe
Page 264: EQC Eminent Domain Subcommittee May
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Public Comment. Volume III - Montana Legislature

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