Public Comment. Volume III - Montana Legislature

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Robert Ochsner April 5, 1994 Page 5 tion with its other reserves outside of the immediate project area. Meridian considers the rail spur to be a permanent appurtenance. The Department argues that this is not consistent with the intended purpose as applied for and/or that was reviewed and contained in the environmental impact statement. A provision for review and possible extension of the easement could be considered if the Board so chooses. Presently, the Department does not have damages settlement statements between Meridian and two of the four surface lessees affected by the proposed easement. These lessees also hold private lands adjoining the state lands and are among some of the private land owners who are not willing to grant easements or sell their lands to Meridian for this rail spur. Meridian has indicated to the Department that it intends to pursue condemnation action against the remaining hold out land owners. As mentioned above, the Department is not convinced Meridian will be successful in this action and therefore does not feel it would be in the State's best interest to unnecessarily encumber its lands by issuing easements until such time as this matter has been settled through the courts. If the Board approves the easement request, the Department feels the easements should not be issued until ~eridian successfully acquires all of the other lands necessary for the rail corridor. Meridian should be required to provide the Department proof of said acquisitions prior to issuance of any easement or other authorization of entry to begin any construction. COMPENSATION This item is related to two issues regarding compensation due the state. First, the majority oi. the state school trust lands which this easement would affect are enrolled in the Federal Conservation Reserve Program (CRP). If the easement is issued, the affected lands will have to be withdrawn from the existing CRP contracts and funds, possibly plus penalties and interests, will have to be repaid (reference ASCS memo attached). In addition the Department and its lessees will be losing revenues that they otherwise would have received had the contracts not been terminated. The Department feels Meridian should be required to pay all refunds, penalties, interest or damages levied by the U.S. Government as a result of the cancellation or modification of the CRP contracts. In addition Meridian should be required to pay,' in advance, in one lump sum all future revenues lost as a result of any CRP contract cancellation or modification. The second matter is the valuation of the easement itself and whether the compensation for the easement should be based on . comparable sales of lands in the area or based on comparable -252- Volume Ill: Public Comment
Robert Ochsner April 5, 1994 Page 6 sales of lands in the area that have sold specifically for the purpose of the rail spur. An investigation into sales in the area on lands similar to those of the state's tracts, indicated lands for grazing purposes are selling for around $60-150/acre and CRP lands are selling for around $165-280/acre. However, Meridian is acquiring lands specifically for the purpose of its rail spur and is paying $400/acre regardless of whether it is grazing or CRP lands. It is the opinion of the Department and its staff appraiser that Meridian has in effect established a separate market for the sale of lands for this purpose and as such fair market value in this instance should be tied directly to the value lands are being sold for for this specific purpose. There are several issues related to certain other special easement conditions and/or stipulations recommended by the Department. In reviewing the EIS for site specific concerns, the Department feels that'some of the mitigation measures are not adequate. It is the Department's opinion that several special stipulations are warranted to mitigate Department concerns and to provide for the long term preservation and protection of the lands and the trust. In the interest of safety, the Department recommends a stipulation be added to any easement that requires Meridian to comply with (need MCA & ARM citations from staff legal counsel) for prevention and control of fires. The Department also feels the installation and maintenance of an approved fence along the easement boundary with gates at designated locations is necessary. There are some instances where the proposed rail line would split or sever state lands. In these instances, in addition to gates the Department recommends construction and maintenance of appropriate crossings to facilitate the movement of persons, livestock, machinery and equipment. Those areas and crossings of particular concern are as follows -- Tract #2 - S% Section 16, T5N-R25E, Musselshell County The proposed rail spur would cross a drainage in the SW*. A water culvert and livestock underpass culvert are recommended to protect a spring and facilitate and promote the free movement of livestock under the bridge. The lands in this area have been classified as wetlands, therefore ~eridian will need to secure approval from other agencies which may have authorities over actions involving wetlands. Should filling activities related to the installation of said cul- EQC Eminent Domain Study -253-
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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
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DRAFT, 4/9/85 13 appropriate . agen
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DRAFT, 4/9/85 ( 2 Strict speed limi
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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 250 and 251: Bobbi Keeler, FA Coordinator 3 Idea
Page 252 and 253: EQC Eminent Domain Subcommittee DEP
Page 254 and 255: Robert Ochsner April 5, 1994 Page 3
Page 258 and 259: Robert Ochsner April 5, 1994 Page 7
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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