Public Comment. Volume III - Montana Legislature
Public Comment. Volume III - Montana Legislature
Public Comment. Volume III - Montana Legislature
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that only a very few condem~iations occur each year and the process is<br />
not being abused. (Tongue River Railroad)<br />
This simply asks for the company not to take possession of property until all<br />
appeals are exhausted. I do not believe it is fair for a company to take over<br />
property and negotiate compensation afterwards. Industry representatives<br />
claim that is not done. Let's see it in writing. (McRae)<br />
. -<br />
Landowners should have the right to keep control of their land until all court<br />
proceedings are concluded. (Northern Plains Resource Council)<br />
Liability<br />
If the condemnor is a limited liability partnership will they still be held liable<br />
under LC7031 ? (Fix)<br />
LC7031 -- We agree with LC7031 that a landowner should not be liable ur~less<br />
he or she caused, contributed to, or exacerbated the damages or problem. The<br />
principles of LC7031 are already contained in the law, but if clarification is<br />
needed LC7031 would fulfill that goal. (Burlington Northern and Sante Fe<br />
Railway Company, Conoco, and the <strong>Montana</strong> Power Company)<br />
LC7031 would create a different liability standard for property owners whose<br />
property was condemned versus those property owners who reached<br />
agreement with the condemnor. This does not make good policy sense.<br />
(Express Pipeline)<br />
Cenex supports the findings and recommendations of the study, as presented<br />
in Chapter 7 of the draft Report. (Cenex)<br />
We agree with the finding and draft recommendation as outlined in the report.<br />
(W ETA)<br />
<strong>Montana</strong> Petroleum Association believes the Subcommittee's "Findings" and<br />
"Draft Recommendations" fairly represent and balance the evidence presented<br />
to the Subcommittee. (MPA)<br />
We support ,the draft recommendations contained in Chapter 7, although we<br />
are concerned about the need for LC7031, draft legislation dealing with liability.<br />
(<strong>Montana</strong> Electric Cooperatives' Association)<br />
All liability of damage to land or water must lie with developers and operators,<br />
regardless of whether the landowner retains title. (Northern Plains Resource<br />
Council)<br />
EQC Eminent Domain Study -33-
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