Public Comment. Volume III - Montana Legislature

Montana Petroleum Association believes the Subcommittee's "Findings" and
"Draft Recommendations" fairly represent and balance the evidence presented
to the Subcommittee. (MPA)
Further, the LC Draft 7030 of the proposed legislation, there are several
concerns. The Department's legal staff is still analyzing the various pieces of
legislation and is concerned that what the Code Commissioner draft may
consider as only-changes in style and grammar may not exactly equate to what
has been happening in the courts over the last several years and thus be more
substantive. 'The Department will reserve the right to submit more specific
comments on the proposed legislation as it develops. (Montana Department of
Transportation)
The Tongue River Railroad Company is in the process of obtaining all
necessary permits, easements and right-of-way approvals. We have examined
the existing eminent domain statutes and have followed the Subcommittee
deliberations with interest. The cleaning up and clarification of ambiguous and
dated language makes sense and we support the lang~rage contained in LC
7032. (Tongue River Railroad)
We support the draft leg is la ti or^ LC 7032, which seeks to modernize language
of Montana eminent domain law. LC 7032 represents a significant, positive
step toward fostering a clearer understanding of these statutes. (Montana
Electric Cooperatives' Association)
Handbook
As I have commented before, landowners do not need a slick brochure to
educate them of their rights. I find this idea (by industry) insulting. Landowners
are at a disadvantage in condemnation proceedings, as statewide public
comment has shown. We know our rights, or the lack of, and that is why this
subcommittee exists. (McRae)
We believe that a handbook on eminent domain will be a great benefit to the
State and its citizens. As the Subcommittee is aware, eminent domain is highly
technical and confusing, therefore dissemination of information to the public will
most achieve the goal of HJR 34. (Burlington Northern and Sante Fe Railway
Company, Conoco, and the Montana Power Company)
Finally, we notice that the "Handbook" row of the Findings and Draft
Recommendations matrix (Chapter 7, Figure 7) has been left blank. We
support the development of a handbook that is factual, objective, and that can
-54- Volume Ill: Public Comment