Public Comment. Volume III - Montana Legislature

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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
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. (Draper) 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. (Kyro) We support eminent domain reform and suggest that the committee immediately draft legislation that does the following things: When a private company wants to use eminent domain, it must prove that its project is in the public interest. (Musgrave) The taking of private property should only be used when there is no question that a project is for the public good -- that is not the situation here. With the current eminent domain law -- we believe that this speculative project will be granted the power to take our land. We believe this must change. (Kyro) The taking of private property should only be used when there is no question that a project is for the public good -- that is not the situation here. With the current eminent domain law -- we believe that this speculative project will be granted the power to take our land. We believe this must change. (Draper) Items of needed reform are as follows: Public need needs to be proven to the state before eminent domain can be used. This would screen unneeded projects. (McRae) 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) This letter is in response to t.he solicitation of comments concerning the final report of the eminent domain subcommittee. I have previously commented by letter on April 11, 2000 and attended one of your hearings in Helena. I understand that new proposals were presented at the last meeting of the Subcommittee and will limit my comments to those proposals. EQC Eminent Domain Study -49-
Page 1 and 2: Public Benefits and Private Rights:
Page 3 and 4: Helena Public Hearing. December 1.
Page 5 and 6: The Eminent Domain Subcommittee (Su
Page 7 and 8: The location of the right-of-way of
Page 9 and 10: land to locate the pipeline. She ad
Page 11 and 12: in a case in Illinois a pipeline wa
Page 13 and 14: REP. MCGEE questioned who would pay
Page 15 and 16: PUBI-IC COMMENT - BILLINGS Dena Hof
Page 17 and 18: use the power of eminent domain sho
Page 19 and 20: were no answers provided. 'The Legi
Page 21 and 22: telecorr~munication lines, and rail
Page 23 and 24: EMINENT DOMAIN DRAFT STUDY REPORT P
Page 25 and 26: certain criteria for State and Fede
Page 27 and 28: Exhibit 6 from last meeting -- Requ
Page 29 and 30: circumstances, which is exactly wha
Page 31 and 32: ight to all of the surface damage p
Page 33 and 34: I support eminent domain reform. I
Page 35 and 36: of Property" should also be rejecte
Page 37 and 38: that only a very few condem~iations
Page 39 and 40: approved use, the bill should requi
Page 41 and 42: While we don't believe this legisla
Page 43 and 44: projects delayed it is the citizens
Page 45 and 46: the subcommittee have been clear th
Page 47 and 48: Cenex supports the findings and rec
Page 49 and 50: up front. State and federal governm
Page 51: Cenex supports the findings and rec
Page 55 and 56: -The "Necessity/Public Interest" is
Page 57 and 58: I support eminent domain reform. I
Page 59 and 60: e used as a guide to better underst
Page 61 and 62: MEIC's testimony at the December 1,
Page 63 and 64: Northern Plains Resource Council Ma
Page 65 and 66: BROWN LAW F w P.C. Page 2 April 1 1
Page 67 and 68: BROWN hw P.C. Page 4 April 1 1, 200
Page 69 and 70: Page 2 March 3 1. 1000 3. Yearly fe
Page 71 and 72: Montana Environmental Quality Counc
Page 73 and 74: The five eminent domain reform bill
Page 75 and 76: Lee, Krista From: 3ent: To: Subject
Page 77 and 78: mlt~ Montana Independent Telecommun
Page 79: THE .. *I& i k end o* CQALITBON Jan
Page 82 and 83: knowledgeable buyer will pay and a
Page 84 and 85: volume gasoline pipelines at the ti
Page 86 and 87: January 23, 2000 Krista Lee Environ
Page 88 and 89: 3. The land value be based on whate
Page 90 and 91: NFW SECTION, Section 1. Limitation
Page 92 and 93: Memorandum TO: Aaron Browning FROM:
Page 94 and 95: MEMORANDUM MONTANA DEP~TMENT OF '+
Page 96 and 97: v 6 - c U :Preferable, maybe. Desir
Page 98 and 99: Public water supply wells susceptib
Page 100 and 101: Lee, Krista From: Alan Roiston [ala
Page 102 and 103:
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
Page 116 and 117:
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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Page 150 and 151:
Page 152 and 153:
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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
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DRAFT, 4/ 9/ 8 5 b, Local. ambulanc
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DRAFT, 4/9/85 21 tion and operation
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DRAFT, 4/ 9/ 8 5 23 ces . These per
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DRAFT, 4/9/85 (a) quality (b) formi
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DRAFT, 4/9/85 27 tify new winter ra
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DRAFT, 4/9/85 29 of these individua
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DRAFT, 4/9/85 2. Topsoil should.. b
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DRAFT, 4/ 9/8 5 33 district ;would.
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DRAFT, 4/ 9/ 8 5 - and/or operation
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EQC Eminent Domain Subcommittee May
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Miles City Fish Hatchery Impact Ana
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Impact Analysis Studies and Propose
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Page 232 and 233:
Page 234 and 235:
Page 236 and 237:
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'. ATTACHMENT A 'VIBRATION AND IMPA
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Study Plan Page 2 . As a condition
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Study Plan Page 4 Lab Tests -Target
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Study Plan Page 6 Information neede
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Study Plan Page 8 Rcfcrcnce List Be
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United States Department of the Int
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Bobbi Keeler, FA Coordinator 3 Idea
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EQC Eminent Domain Subcommittee DEP
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Robert Ochsner April 5, 1994 Page 3
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Page 258 and 259:
Page 260 and 261:
. Robert Ochsner April 5, 1994 Page
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Memo--Marylee Norris, John North Fe
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EQC Eminent Domain Subcommittee May
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Public Comment. Volume III - Montana Legislature

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