Public Comment. Volume III - Montana Legislature

wether changes in the easement conditions are needed. The law does not allow
termination of the easement at the end of the intervals, just adjustment of terms
and conditions. I believe this provision protects both easement holder and the
land owner and makes reasonable provisions for adjustment over time without
subjecting the easement holder to the threat of loss of their easement. It does,
however, require the easement holder to keep up with the technology and adjust
to environmental changes etc. 1 believe this is an essential provision and should
be included in the Montana eminent domain laws. As it stands now easement
holders can let their projects deteriorate and become public hazards. The 20 year
adjustments are a reasonable provision that would protect private land owners and
the public.
At the Missoula hearing, Senator Stang asked wether the pipelines had to meet
the same requirements applied to buried tanks. I don't believe that question was
answered. My understanding is that almost none of the requirements for buried
tanks apply to pipelines. Pipelines are exempted fiom those requirement. just like
they are exempted fiom many other requirements. If pipelines companies had to
meet the same requirements for leak detection, prevention, and spill clean up as
the owners of buried tanks, pipelines would be a lot safer and less controversial
than they are.
Every project should have an agreed upon reclamation plan for the end of its life
span. Often the final reclamation for the land is left until the project is ended and
land owners have very little say about the reclamation. This would be a good
provision to put in the eminent domain laws of Montana.
Respectfdly, Reed Smith
EQC Eminent Domain Study -81 -