Public Comment. Volume III - Montana Legislature

e used as a guide to better understand how the eminent domain process
works. (Cenex)
Finally, there is the landowner's handbook. This could have been a helpful
document to those facing condemnation. But, because some of the interests
represented on the subcommittee believe that a true explanatory handbook
may actually shine some light on how the eminent domain statutes work to the
disadvantage of the condemnee, this potentially helpful document has been
hamstrung to simple recitations of existing law. (Montana Environmental
Information Center)
'The Eminent Domain Handbook, which is yet to be finalized, will be one of the
most important accomplishments of this study. It should be objective, easy to
read, and serve as a factual guide to all parties who may be involved in the
eminent domain process. Hopefully it will help everyone know how the law is
supposed to work. (WETA)
MPA believes the recommended Right-of-WayIEminent Domain Handbook
could diffuse much misinformation and exaggerations by providing facts and
guidance to those unfamiliar with ,the right-of-way acquisition process.
(Montana Petroleum Association)
We do not need a handbook to tell us that we are going to have to spend a
fortune in legal fees to beg for mitigation that we may or may not get. We know
where we stand from the experiences we have already had with this law. We
have already seen in the case of the Tongue River Railroad that when a
company has unlimited time, and the law of eminent domain, it can choose and
change its route with no input from landowners. (PuntIAlderson)
We also applaud the recommendation to develop an Eminent Domain
Handbook. An objective handbook will greatly help toward erasing confusion
and misunderstandings about landowner rights and responsibilities. (Montana
Electric Cooperatives' Association)
Report in General
The questionnaire results from the Forestvale Interchange Project were
slanted. I cannot think of a better example of public use than an interstate
interchange. It serves a public use or need and is beneficial to many. A project
like this needs to be weighted against projects that are not needed, such as the
Tongue River Railroad. The results of this survey are interesting, however.
Almost all of the respondents were told of. possible condemnation before or
during negotiations, (Chapter 5, p. 97). From the rest of the numbers, I have a
EQC Eminent Domain Study -55-