Public Comment. Volume III - Montana Legislature

February 7,2000
From: Reed Smith
P.O. Box 346
Frenchtown, MT
59834
To: Krista Y. Lee
~esource Policy Analyst
Montana Legislative Services Division
Legislative Environmental Policy Office
Subject: Comments for Environmental Quality Council and the Eminent Domain
Study Committee concerning needed changes to the Montana Eminent Domain
Laws. '
First, at the Missoula hearing on January 20 I was unsure about your plans,
probably because this was my first exposure to your project. From what I
understood, you are planning a comprehensive review of alt the eminent domain
laws, in detail, and will produce a detailed comprehensive handbook. While I
think this is a good project, I think these efforts alone may consume most of your
time and funding at the expense of focusing on the problems we are having right
now. My recommendation would be to start by finding out exactly what the
problems are by interviewing people and examining the records on both sides
(industry and private property owners) of the issue. Then decide what portions of
the law are in need of change now. Focus on those portions of the law and
prepare your recommendations for review by all interested persons. Then
incorporate the comments and make your recommendations to the legislature. If
time and funds allow, the handbook would be a good project and a service to the
people of Montana.
I consider the issue to be a "private property rights" issue, however, it is very
difficult to separate it fiom an "environmental issue" because our private land is
where we live and for most people it represents a large portion of our life savings.
To me, as a land owner, it is both a private property right and environmental issue
and I can't separate the two. A big issue related to the use of eminent domain is
the determination of the value of the easement or fee title to be conveyed (Fair
Market Value). Fair market value is determined by what a willinn and
EQC Eminent Domain Study -77-