Public Comment. Volume III - Montana Legislature

January 23, 2000
Krista Lee
Environmental Quality Council
P.O.Box 201704
Helena, MT 59620-1704
Re: Eminent Domain
There are really three main issues. First is the issue of
public interest. Yes, some services or commodities are
delivered in the public interest to the public: electric
power; gas for heating, cooking, and industry; domestic
water supplies; and many railroad lines. The common thread
to these examples is that at the receiving terminal,. the
service or commodity is delivered to the public or to
several unrelated parties (related neither to each other nor
to the company transporting or developing the service or
commodity).
A service or commodity developed or transported by a company
at a receiving terminal owned and operated by that same
company or closely related company for that company's
benefit is an example of a service or commodity that is not
provided in the public interest. It is an example of a forprofit
business transporting a service or commodity to their
company owned and/or operated facility for the purpose of
making a profit. Strictly a business proposition. A liquid
petroleum pipeline immediately comes to mind as fitting this
description.
Since the latter described enterprise does not logically fit
in as a public service nor in the public interest, it is not
logical that it should be granted the power of eminent
domain.
The second issue is that of a public need for the service or
commodity. All of the examples of services and commodities
given above including liquid petroleum products, are needed
by the public. However, some are obtainable from different
sources which may have positives and negatives of economy,
of environmental consequences, and of degree of
satisfaction. In the case of liquid petroleum transport
from eastern Montana to Washington State by Yellowstone
Pipeline Company, alternative sources exist to provide the
company terminals with product at a cost which is
competitive with the eastern Montana supplied product. The
only positive result of providing the product from eastern
Montana by pipeline to eastern Washington is that of
providing profit to the refinery, the pipeline company, and
the company distributors.
-82- Volume Ill: Public Comment