Public Comment. Volume III - Montana Legislature

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As a general comment, we hope the subcommittee does not lose sight of our needs in ,the new technology age and while we are vigorously recruiting high technology firms to Montana and continue to urge Montana companies to expand, that we are not throwing roadblocks in their way by changing a statute in order to slow down or stop two projects which have been in process for a number of years. (Tongue River Railroad) I understand that your committee is studying this law and looking at ways to improve it. I urge you to reform this law so that my private property rights will be protected. Under the current law, we have very little protections. (Marcure) The other issue we would like to comment on is five amendments to your findings that were offered at the May meeting. We respect the intent and sincerity of those amendments, but some of them do potentially concern us. However, not knowing if or how these would be written up into draft legislation, it is impossible to fully understand what implications they may or may not contain to our ability to get telecommunications services to Montanans in a timely and affordable manner. We respectfully request that should these be developed into draft legislation, that there be an opportunity to analyze and fully debate them so that we all understand how they will affect the ability of getting services to Montanans. (US West) I believe it is time for Eminent Domain reform and I support the three conditions proposed by the Northern Plains Resource Co~~ncil. (Overturf) We would like the right to have the railroad and other projects using eminent domain bonded so we can be sure damage to our property is minimized. (Boulware) We believe the eminent domain law as it stands now to be unconstitutional. (McKinney) -58- Volume Ill: Public Corr~ment
Northern Plains Resource Council Mark Fix Dick Hosford, Diamond Cross Ranch Robert and Betty Leveille, Thorrlpson Ranch Edwin and Beverly Draper, Draper Ranch Linda Kyro Gregory M. Tollefson Clint McRae William and Judith Musgrave, Musgrave Ranch John Duncan Montana Environmental Information Center Terry Punt and Jeanie Alderson Howard F. Strause Kay O'Donnell, W E3 Ranch, O'Donnell Land and Livestock Corp. Mary Alderson Anne Charter Clark Fork Pend Oreille Coalition Kelly and Cindy Radue Alice Orr Eileen Marcure, Marcure Ranch Martin Dawson, Dawson Ranch Inc. Nan Carrel, FL Ranch Sidne Overturf Bill and Marge Boulware Jacqueline L. Crandall Bill and Anne McKinney Art Hayes Jr., The Brown Cattle Company Bev Gabrian Marci and Mike Dye Mary Ellen and Doyle Mangus Irv Alderson, Bones Brothers Ranch Burlington Northern and Sante Fe ~ ailwa~ Company Conoco Montana Power Company Express Pipeline Cenex Harvest States Cooperatives Holland & Hart, LLP W ETA Montana Petroleum Association, Inc. Tongue River Railroad US West Montana Electric Cooperatives Association Montana Department of Transportation EQC Eminent Domain Study -59-
Page 1 and 2:
Public Benefits and Private Rights:
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Helena Public Hearing. December 1.
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The Eminent Domain Subcommittee (Su
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The location of the right-of-way of
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land to locate the pipeline. She ad
Page 11 and 12: in a case in Illinois a pipeline wa
Page 13 and 14: REP. MCGEE questioned who would pay
Page 15 and 16: PUBI-IC COMMENT - BILLINGS Dena Hof
Page 17 and 18: use the power of eminent domain sho
Page 19 and 20: were no answers provided. 'The Legi
Page 21 and 22: telecorr~munication lines, and rail
Page 23 and 24: EMINENT DOMAIN DRAFT STUDY REPORT P
Page 25 and 26: certain criteria for State and Fede
Page 27 and 28: Exhibit 6 from last meeting -- Requ
Page 29 and 30: circumstances, which is exactly wha
Page 31 and 32: ight to all of the surface damage p
Page 33 and 34: I support eminent domain reform. I
Page 35 and 36: of Property" should also be rejecte
Page 37 and 38: that only a very few condem~iations
Page 39 and 40: approved use, the bill should requi
Page 41 and 42: While we don't believe this legisla
Page 43 and 44: projects delayed it is the citizens
Page 45 and 46: the subcommittee have been clear th
Page 47 and 48: Cenex supports the findings and rec
Page 49 and 50: up front. State and federal governm
Page 51 and 52: Cenex supports the findings and rec
Page 53 and 54: draft legislation, which does the f
Page 55 and 56: -The "Necessity/Public Interest" is
Page 57 and 58: I support eminent domain reform. I
Page 59 and 60: e used as a guide to better underst
Page 61: MEIC's testimony at the December 1,
Page 65 and 66: BROWN LAW F w P.C. Page 2 April 1 1
Page 67 and 68: BROWN hw P.C. Page 4 April 1 1, 200
Page 69 and 70: Page 2 March 3 1. 1000 3. Yearly fe
Page 71 and 72: Montana Environmental Quality Counc
Page 73 and 74: The five eminent domain reform bill
Page 75 and 76: Lee, Krista From: 3ent: To: Subject
Page 77 and 78: mlt~ Montana Independent Telecommun
Page 79: THE .. *I& i k end o* CQALITBON Jan
Page 82 and 83: knowledgeable buyer will pay and a
Page 84 and 85: volume gasoline pipelines at the ti
Page 86 and 87: January 23, 2000 Krista Lee Environ
Page 88 and 89: 3. The land value be based on whate
Page 90 and 91: NFW SECTION, Section 1. Limitation
Page 92 and 93: Memorandum TO: Aaron Browning FROM:
Page 94 and 95: MEMORANDUM MONTANA DEP~TMENT OF '+
Page 96 and 97: v 6 - c U :Preferable, maybe. Desir
Page 98 and 99: Public water supply wells susceptib
Page 100 and 101: Lee, Krista From: Alan Roiston [ala
Page 102 and 103: 11. Whether a condemning corporatio
Page 104 and 105: BULL MOUNTAIN LANDOWNERS ASSOCIATIO
Page 106 and 107: APR- 3-00 MON 1145 PM THE PRINTERY
Page 108 and 109: . . . . . . . . . . . .. . . . . .
Page 110 and 111: Environmental Quality Council March
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Northern Plains Resource Council Ma
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These examples illustrate that clea
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is not already appropriated to some
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Schoro v. Anaconda Co., 187 Mont. 3
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the abuse. But the changes being co
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DM1 ASPEN BOWER - COLORADO SPRIIUq
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HOLLAND & HART ATTORNEYS AT LAW LLP
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Environmental Quality Council April
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GOVERNOR SI.ARC R\CICOT HOCSE SIESI
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ROCKER SIX CAlTLE CO. HC 84 BOX 205
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Hi Krista, This letter is in regard
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NA COAL COUNCIL 01 COLONIAL DRIVE H
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03/31/00 FRI 11:18 FAX 1 406 761 83
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BROWNING, KALECZYC, BERRY & HOVEN,
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EQC Eminent Domain Subcommittee-Pub
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No matter what. No criteria is appl
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On the issue of the use of taken la
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3UDcommlttee-Pu blic Hearing WALLAC
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Page 150 and 151:
Page 152 and 153:
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h.VC Lvl~ll~ent Oun~will Subcummitt
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1. hcgv Conservation. (Using less e
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In conclusion, it is important to r
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changed. Thosc who seek to condemn
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*.I - EQC Eminent Domain Subcommitt
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ights-of-way along with other uses,
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STANDARD CORM 199 Pr*9c*bd by DOz/U
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Other exemptions, waivers, or reduc
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-168- Volume Ill: Public Comment U.
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Ensuring just compensation: In most
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company by statute, in order to obt
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Crude Oil and Petroleum Products Pi
Page 180 and 181:
Mitigation Measures #2 (State and F
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Burden of Proof EQC Eminent Domain
Page 184 and 185:
EQC Eminent Domain subcommittee May
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TABLE OF CONTENTS . Section Page 10
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PROPOSED MASTER MITIGATION POLICY.
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DRAFT, 4/9/8 5 Indirect .land loss,
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DRAFT, 4/ 9/8 5 (5) Impacts During
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DRAFT, 4/9/85 the possibility of es
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DRAFT, 4/9/85 21) LARRS requests th
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DRAFT, 4/9/85 11 impacted communiti
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DRAFT, 4/9/85 13 appropriate . agen
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DRAFT, 4/9/85 ( 2 Strict speed limi
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DRAFT, 4/9/85 (5) A program of nois
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DRAFT, 4/ 9/ 8 5 b, Local. ambulanc
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DRAFT, 4/9/85 21 tion and operation
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DRAFT, 4/ 9/ 8 5 23 ces . These per
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DRAFT, 4/9/85 (a) quality (b) formi
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DRAFT, 4/9/85 27 tify new winter ra
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DRAFT, 4/9/85 29 of these individua
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DRAFT, 4/9/85 2. Topsoil should.. b
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DRAFT, 4/ 9/8 5 33 district ;would.
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DRAFT, 4/ 9/ 8 5 - and/or operation
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EQC Eminent Domain Subcommittee May
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Miles City Fish Hatchery Impact Ana
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Impact Analysis Studies and Propose
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'. ATTACHMENT A 'VIBRATION AND IMPA
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Study Plan Page 2 . As a condition
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Study Plan Page 4 Lab Tests -Target
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Study Plan Page 6 Information neede
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Study Plan Page 8 Rcfcrcnce List Be
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United States Department of the Int
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Bobbi Keeler, FA Coordinator 3 Idea
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EQC Eminent Domain Subcommittee DEP
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Robert Ochsner April 5, 1994 Page 3
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Page 258 and 259:
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. Robert Ochsner April 5, 1994 Page
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Memo--Marylee Norris, John North Fe
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EQC Eminent Domain Subcommittee May
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Public Comment. Volume III - Montana Legislature

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