Public Comment. Volume III - Montana Legislature

-The "Necessity/Public Interest" is one of the most important tasks before this
committee. The lack of definition of "public use" is where much of the abuse of
the eminent domain law takes place. Demanding that companies wishing to
exercise the law prove that a project is truly in the public interest could
minimize this abuse. -This section of the law seriously needs to be revised. It is
abundantly clear that many of the so-called "public uses" are not a benefit to
Montanans but to a few corporate shareholders. Not to recommend changes to
this portion of the law is irresponsible. (PuntlAlderson)
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, it should have to prove its project is in the public
interest. No project should be allowed to just decide what they can and
can't do on private property without just cause. (OIDonnell)
Very strong public need must exist before any company should be allowed to
condemn private lands. (M. Alderson)
'The proposed legislation LC7034 raises similar concerns. As proposed,
LC7034 would require the plaintiff to show by a preponderance of the evidence
that the project is in the public interest, in addition, to a showing that the public
interest requires the taking. LC7034 would create undue burden on judges to
make a determination of public interest, which is not defined in the statute, and
changes their role considerably. 'The offered legislation ignores the
tremendous burden undertaken by a project to receive the necessary approvals
to construct the project in the first place. This review burden should not be
placed on the court system and the proposed legislation should be rejected.
(Tongue River Railroad)
Companies must first prove that what they propose to do is in the public interest
and that the state will benefit from it. (A. Charter)
Strictly define public interest and ensure that business interests, such as profit
margins and market niche, do not take precedence over the community good.
(Clark Fork Pend Oreille Coalition)
Companies should have to prove that their project is really in the public interest,
not simply in the interest of their shareholders. (Radue)
At the very least, great care should be exercised before eminent domain is
allowed. A very strong public need must be established. (Orr)
EQC Eminent Domain Study -51 -