Public Comment. Volume III - Montana Legislature

Since the need for the product can adequately be provided
without the pipeline across Montana, there really is no
public need, thus the Yellowstone Pipeline C'ompany has no
legal right to the power of eminent domain.
The use of the power of eminent domain as presently
enforced, results in a very unfair situation for the small
private landowner. If the landowner doesn't wish a company
with this power to gain right of way access through their
property, and/or can't come to agreement as to the
appropriate monetary settlement, the company can-condemn.
The landowner would be granted a one-time payment for a
narrow strip of land across his property based on the area
of land involved and the present value per unit measure of
land area at the land's present use.
Even though the land may have a much higher potential value
as a truck garden, ornamental nursery, orchard, residential
subdivision, or commercial development, the land would still
be valued at its present use, and the great encumbrance,
and/or potential degradation of the landowner's property
from disturbance, pollution, and obstruction to development
of surrounding property is completely ignored.
Liquid petroleum pipelines often cross major rivers.
Crossings may be by ditching, by overhead pipe (like a
suspension bridge) or by directional drilling under the
river. In the latter two cases, the company must make a
major investment, and the impact on the land is great. The
presence of an overhead structure is obviously a great.
source of visual pollution, while the directional drilling
approach requires a great deal of soil and land disturbance,
and if a pipe rupture should ever occur, a great source of
pollution to the ground and the aquifer.
Once a company has been granted the power of eminent domain,
as applied to a liquid fuel pipeline company, the law must
provide for landowner rights to:
1. Assure that he/she can require the best "state of the
artn environmental and safety requirements such as the
latest in leak detection technology; double walled pipe
constructed of 1/2" steel plate; closely spaced block
valves; internal pipeline inspection at least every 2 years;
hydrostatic testing for pipeline integrity over any and all
aquifers and wet-areas-every 2 years; and regular visual
inspections - aerial and walking every 2 weeks.;
2. The company post a bond sufficient to return the land to
its full productive capacity and visual and/or aesthetic
qualities both at the completion of the installation and for
the life of the facility and beyond through abandonment.
EQC Eminent Domain Study -83-