Public Comment. Volume III - Montana Legislature

While we don't believe this legislation is needed, we offer several suggestions
to LC7033 should you decide to pursue it and trust you will give them serious
consideration.
1. Specify that this applies only to easements.
2. Specify that this section is not intended to in any way hinder or stop
the deployment of any telecommunications or other service delivered
over any telecommunications facility. (Although we're not sure that
addresses some applications, such as internet services that are now
being transmitted over existing electric lines.)
3. Delete the prospective clause to avoid undoing 100 plus years of
court orders and starting all over again to define what a telephone or
telegraph line means.
4. Clear up the ambiguous reference to 70-30-1 1 1(3)
(US West)
If a project is approved (railroad, pipeline, power line, etc) that permit should
only be for the single use it was intended. It is not right for company to use a
right of way for something else without negotiation with the original landowner.
An example would be laying fiber optic cable in an existing right of way. The
fiber optic company would negotiate with the original landowner, not the holder
of the current right of way. (McRae)
We support the draft recommendations contained in Chapter 7, although we
are concerned about the need for LC7033, draft legislation dealing with use of
condemned property for other uses. (Montana Electric Cooperatives'
Association)
The power of eminent domain should be limited to the taking of a single-use
easement. If the holder of the easement wants to use or lease the land for
additional projects (adding a pipeline to a railroad easement for example), the
landowner must have the right to require the holder to renegotiate the
easement. This right exists under Wyoming law. (Northern Plains Resource
Council)
Due Process
We support the recommendation. (Burlington Northern and Sante Fe Railway
Company, Conoco, and the Montana Power Company)
Cenex supports the findings and recommendations of the study, as presented
in Chapter 7 of the draft Report. (Cenex)
EQC Eminent Domain Study -37-