Public Comment. Volume III - Montana Legislature

EQC Eminent Domain
Subcommittee
DEPARTMENT OF STATE LAN -.:May 43 2000
Exbibit 14
April 5, 1994
BC: Janet Cawlfield
Robert E. Ochsner, Manager
Engineering and Environmental Affairs
MERIDIAN MINERALS COMPANY
P. 0. Box 776
1504 4th Street West
Roundup, MT 59072
RE:
Applications for Easement
Proposed Bull. Mountains Mine No. 1 Rail Spur
Dear Mr. Ochsner:
Subsequent to our meeting in January, the department has
reviewed its earlier recommendations and will agree to make some
of the changes as requested. Enclosed for your review is a copy
of the new proposed Land Board Agenda attachment. This agenda
item has yet to be reviewed by staff legal counsel or the Commissioner
and therefore may be subject to some change.
Easement Authority - There has been no change in legal opinion
from our staff attorney as to this matter.
Duration & Date of Issue - It has been brought to our attention
that further environmental review would be required before we
could consider granting your request of issuing easements in segments.
The EIS and our subsequent analysis which teared off of
that document took into account only the total line. Easements
issued incrementally which would facilitate -the interim loadouts
you indicated would then be constructed has never been,reviewed.
Therefore, we must deny your request to recommend the easements
be issued incrementally in segments.
Com~ensation - A review of property transfers to you for the
railroad indicates that the $400 is the going rate being paid to
other land owners for this purpose. While you are acquiring fee
title to the lands, we have found instances where the land will
revert to the seller should the line be abandoned or cease to be
used for the rail road. Also, agreements for fencing, gates,
stockpasses and crossings are being made in addition to the dollars
being paid. The department has therefore decided not to
change ik recommendation on the compensation. Settlement with
'AN E-1 OPPORNNIW EMPLOYER'
-248- Volume Ill: Public Comment