Public Comment. Volume III - Montana Legislature

Lee, Krista
From:
3ent:
To:
Subject:
Reed Smith [reedsm@montana.com]
Wednesday, February 09,2000 10:49 AM
klee@state.mt.us
Jan. 20.2000 ED Subcommittee meeting minutes
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Thank you for sending me the subject meeting minutes. I gather the minutes
were made from notes someone was taking during the meeting. Overall I
think they did a pretty good job but there were some important points that
did not get in the minutes. Some of these I covered in my comments I sent
to you by mail. Please let me know if you did not receive those comments.
I read my e-mail frequently so that would be a good way to contact me.
I would appreciate it if you would see that all the comments get into the
final minutes.
One comment that I made that is not in the minutes had to do with how often
the companies use the Eminent Domain process. I told you that we asked YPL
that same question when they first applied for a permit to build a new
pipeline. Their first answer was never. Several months latter the
admitted to a few times and finally I believe they settled on 3 or five
times. Their explanation for these discrepancies was that they were
referring to taking the proses to fruition ( I assume this means final
court decision etc.). The companies only tell you what they think you
already know. The reality is they use eminent domain every time, as
partially witnessed by Mary Alexander's testimony. They use Eminent Domain
as a threat to intimidate the land owner from the very first contact. I
understand that on the Flathead Reservation they initiated the process by
sending out numerous letters to numerous individuals that owned their land
which, of course, had the desired effect on the land owners from the Co.
perspective. A good contact on the reservation would be Joe Hovenwter an
attorney or Bill Swaney their Environmental Coordinator. There have been
numerous articles in the Missoulian news paper containing Company executive
statements like ... they will prevail ... and with their answers to the
question on how many times they have used eminent domain.
Another comment by Rep. MCGEE in reference to land owner liability for
spills or accidents on the easement that caused damage to adjacent land
owners. He stated that attorneys for the damaged parties would
automatically list the land owner as a defendant in a lawsuit. Hence, the
land owner has to hire an attorney to defend himself.
Your notes are certainly far better than mine but some important points
were missed. I suggest that in the future you use an electronic recording
system with microphones etc. The discussions tend to get very detailed on
this issue, particularly with the attorneys present and the complexity of
the subject.
One suggestion that might be helpful to understand how the process of
eminent domain actually works from the perspective of the land owners and
the companies is to get on the Internet and go to the various news paper
web sites archives and search for eminent domain, condemnation etc.. 'The
Missoulian has many articles about what is happening in this area with
Yellowstone pipeline. Unfortunately the archives do not go back past 1997
when we were just getting started on the YPL project. You would probably
have to go to the news paper or the libraries to get that information.
As you can see, I am very interested in this subject probably because I
have a lot of first hand experience in dealing with Companies like
Yellowstone Pipeline which is nothing but a paper company since it has no
employees. This company was created by Conoco, Exon, and one other much
smaller co. to limit their liability in case of accidents etc.. They will
say anything and do just about anything to get their way. Once they get the
easement, they are on their own.
EQC Eminent Domain Study -71 -