Public Comment. Volume III - Montana Legislature

Cenex supports the findings and recommendations of the study, as presented
in Chapter 7 of the draft Report. (Cenex)
There has also apparently been a suggestion that limits the interest taken by a
condemnor to an easement unless the condemnor proves in court that a great
interest is necessary. I do not see any need for such a change. Existing law
(Mont. Code Ann. $70-30-206) allows the judge in a condemnation proceeding
to.limit the interest in real property sought to be appropriated if in the opinion of
the court the interest sought is not necessary. Under present law the
conderr~nor must allege and prove the interest required, which may range from
a mere license to fee simple title, and I do not see any advantage in starting
with the presumption of an easement. (Holland & Hart)
We agree with the finding and draft recommendation as outlined in the report.
(W ETA)
Montana Petroleum Association believes the Subcommittee's "Findings" and
"Draft Recommendations" fairly represent and balance the evidence presented
to the Subcommittee. (MPA)
Why shouldn't private property owners have the same rights under the eminent
domain laws as state and federal landowners crossed by the same projects?
Federal and state landowners have the right to grant an easement instead of a
fee title when projects cross their land. Shouldn't the landowner crossed by a
project have this same choice? (PuntIAlderson)
I support eminent domain reform. I suggest that the subcommittee immediately
draft legislation, which does the following things:
Lets landowners give an easement, rather than deed. If in an allotted
time period a project is abandoned or lays dormant the project would be
discussed with the landowner as to how to return the land to said
landowner and mitigation agreements made under contract. We have
the other Cenex pipeline on our property that in the future they tell us will
probably be abandoned. It crosses two deep coulees above ground,
what becomes of non-use pipe? Will it crumble and fall into the coulees,
leaving oil, pipe, etc. residue exposed? I have asked but answers have
not been addressed. (OIDonnell)
Laws are urgently needed to give landowners due process including the right to
maintain ownership.of their land with a simple easement granted for a stated
purpose. (M. Alderson)
Several amendments to findings and current law have also been introduced for
consideration by the subcommittee. These amendments are dated May 4,
EQC Eminent Domain Study -43-