Public Comment. Volume III - Montana Legislature

• The taking of private property should only be used when there is no question
that a project is for the public good -- we don't believe the pipeline is for the
public good. Yellowstone Pipeline has not proven to us that they are a safe
entity, yet they get the power of eminent domain. (Marcure)
I support the following change to eminent domain:
Make sure projects are in the public interest before private companies
use-eminent domain. When a private companywants to use eminent
domain, it should have to prove its project is in the public interest.
(Marcure)
• I support eminent domain reform. I suggest the subcommittee immediately
draft legislation which does the following:
Makes sure projects are in the public interest before private companies
use eminent domain. Private companies should have to prove their
project is in the public interest and not just for profit. (Dawson)
• Public Interest
The committee discussed this, and from what I could gather, decided by a vote
that the definition of public use was vague and needed clarification. In addition,
Public Convenience and Necessity, or need, needs to be proven by the
company either to the Federal Government or to the state, or both. The TRR
was granted a permit by the Surface Transportation Board under the guise of
Public Convenience and Necessity. At no time did TRR ever prove this project
was convenient (to the public) or necessary. If a company has the power of
Eminent Domain, they should at least be required to prove it is in the best
interest of the public. (McRae)
• 'The conderr~nation laws should be changed so that private companies must
prove that their project is in the public interest before they get the power of
eminent domain. (Boulware)
• Design a method by which public need is determined -- which would include
public hearings on the topic of public need -- not just merits of the proposa.1.
'This idea would certainly help to weed out the speculators who torment
property owners with propped up proposals. Speculators waste government
resources and should not be encouraged. (Crandall)
• I urge you and other members of the Eminent Domain Subcommittee to
support legislation which requires proof that a project truly is in the public
interest before eminent domain is granted. Likewise, a company should prove
having financial backing for the complete project before the right of eminent
domain is granted. (Hayes)
-52- Volume Ill: Public Comment