Public Comment. Volume III - Montana Legislature

feeling these bully tactics worked. It is very intimidating for a citizen to
challenge eminent domain laws, and industry knows it. An industry comment
elsewhere in the draft stated that they use the threat of eminent domain to bring
landowners to the table. This comment is exactly why this subcommittee
exists. (McRae)
The subcommittee also looked at eminent domain laws in other western states,
and of course, found that Montana was no different than any other state. In
fairness, the subcommittee should also compare Montana to a cross section of
eastern states that have reformed their laws, and then asked why. Again this is
a lopsided comparison.(McRae)
We would, however, like to see more in-depth information in Chapter 3,
Subsection C, dealing with a comparison of eminent domain statutes in
Montana and other western states. The information in Chapter 3, C, is too brief
to draw a solid comparison. (Montana Electric Cooperatives' Association)
Other
I was also interested in what triggers condemnation. In chapter 4, page 61, #4,
states that a taking can be triggered by ". . . a written offer that was refused by
the property owner." It doesn't say "realistic offer" or "reasonable offer." Yet,
according to this language a ridiculously low offer could be presented and when
refused by the landowner, condemnation proceedings would begin. This is
outrageous and extremely unfair. Granted, most companies wouldn't use this
tactic. Some would and the subcommittee needs to recommend changing the
language to keep this from occurring. (McRae)
Get these unknowns taken care of. Check into non profit brotherhood
communities. Hutter Right Colonies - they use child labor.
You had better think this one over. Do we want a socialistic movement to run
our country. They at present don't vote. But they're right there to take our
government handouts. I understand they pay property taxes at present
according to their filed corporation they don't have too. They're classed as a
church organization. (Duncan)
Cenex opposes the five proposed amendments to the Subcommittee's findings
and draft recommendations signed by Ms. Julia Page, and show11 as Exhibits 6
through 10 in Appendix 4 of the draft Report. These proposed amendments
would appear to ultimately cause lengthy and expensive delays, which are not
offset by an increase in benefit to the public. (Cenex)
-56- Volume Ill: Public Comment