Public Comment. Volume III - Montana Legislature

Necessity/Public Interest
I believe that you have missed an opportunity to take a closer look at some
ways the State of Montana might ameliorate the sometimes disruptive and
disheartening effects of the exercise of eminent domain on the property rights
and daily lives of private landowners.
My parti~ularconcern relates to the determination-of public interest and
necessity for any project that involves the exercise of eminent domain.
Historically, I believe, the requirements for demonstrating that a project is in the
public interest, and is in fact "needed" have been ill-defined or undefined. As a
result, some project proponents seem to have devised a way of creating a
perception of need to fit a given circumstance, then creating a new justification
when circumstances change. This approach trivializes the notion of private
property rights which we otherwise treat with almost sacred reverence in this
State.
Public necessity and the public interest as far as the TRR goes seem to
evaporate and materialize on demand with the shuffle of a few meaningless
documents.
I would submit that a stronger State role in addressing the question of public
interest and necessity would have served everyone better from the start. A
policy defining public interest and need and requiring substantive State review
and participation in the process would have gone a long way toward settling this
issue years ago. (Tollefson)
I support eminent domain reform. I suggest that the subcommittee immediately
draft legislation, which does the following things:
Makes sure projects are in the public interest before private companies
use eminent domain. When a private company wants to use eminent
domain, it should have to prove its project is in the public interest.
(Hosford)
I support eminent domain reform. I suggest that the subcommittee immediately
draft legislation, which does the following things:
Makes sure projects are in ,the public interest before private compar~ies
use eminent domain. When a private company wants to use eminent
domain, it should have to prove its project is in the public interest.
(Leveille)
I support eminent domain reform. I suggest that the subcommittee immediately
-48- Volume Ill: Public Comment