Public Comment. Volume III - Montana Legislature

MEIC's testimony at the December 1, 1999 subcommittee meeting identified
two major areas that we believe need resolved in the eminent domain statutes.
First, a distinction needed to be made between public and private use of
eminent domain. Second, an inherent bias in the statutes towards the
condemnor during the condemnation process should be removed.
Unfortunately the subcommittee did little to fix either of these problems.
(Montana Environmental lnformation Center)
After nearly two years of exarr~ination, this subcommittee has accomplished
nothing more than to whitewash Montana's existing eminent domain statutes.
There are essentially only three things coming out of the subcommittee, none
of which will relieve the frustration of property owners that led to the multitude
of bills in the last session of the legislature and ultimately House Joint
Resolution 34.
The first is a consolidation bill for all the eminent domain statutes.. While useful
and even perhaps helpful, this bill does not change anything in existing law.
The second is the change in the liability language which will help property
owners but, again, does nothing to change the eminent domain process.
(Montana Environmental lnformation Center)
WETA strongly opposes the five amendments that were proposed to the
Findings and Draft Recommendations at the May 4 Subcommittee meeting. All
of the amendments would result in lengthy and expensive delays in the errrinent
domain process and would paralyze efforts to provide necessary goods and
services to Montana's citizens. At a time when there is a much needed focus
on improving the state's lagging economy, we do not need more roadblocks.
Some of the proposed amendments could allow one landowner to hold up a
project for months or years even if the delay may have a negative impact on
others who might be waiting for the goods and/or services that cannot be
delivered. (W ETA)
MPA does not agree with the "Findings" and "Recommendations" changes
proposed by Northern Plains Resource Council through EQC member Julia
Page. The changes rehash issues previously examined, found superfluous, or
refuted by practitioners in the field of right-of-way acquisition and by entities
that have constr~~cted facilities and mitigated construction surface disturbances.
Proponents of the changes have cherry picked statements from testimony to
validate their proposed changes. (Montana Petroleum Association)
Eminent domain laws that are rational, workable, and consistent with
neighboring states are critical for distribution systems. (Montana Petroleum
Association)
EQC Eminent Domain Study -57-