Public Comment. Volume III - Montana Legislature

Northern Plains Resource Council
Memorandum
TO:
CC:
FROM:
Representative Monica Lindeen
Environmental Quality Council
. Krista Lee
Legislative Environmental Policy Office
Aaron Browning
imon.bro~nin*cmt.org,
DATE: Monday, January 3 1,2000
RE:
Liability Issues Related to Easements Acquired through the Power of Eminent
Domain
Per your request I am submitting this memo, which outlines some of NPRC's concerns
regarding landowner liability when a condemning authority acquires private property
through the power of eminent domain.
As you know, the 1999 Legislature debated the merits of HB 355, by Taylor, Lindeen,
Raney, Jabs, Bookout-Reineke, Hanson and others, "AN ACT PROVIDING THAT M
AN EMINENT DOMAIN PROCEEDING ... A PRIVATE PERSON OR ENTITY
CLAIMING THAT A GREATER INTEREST THAN AN EASEMENT IS
NECESSARY TO ACCOMPLISH THE USE SHALL SHOW BY CLEAR AND
CONVINCING EVIDENCE THAT THE GREATER INTEREST SOUGHT IS
NECESSARY ..." The House Committee on Business and Labor tabled the bill.
During the public hearing on HB 355 and subsequent deliberation by the Committee,
issues related to liability were raised. In general, opponents of the bill argued that
property interests acquired through eminent domain should not be limited to easements
because landowners would be held liable, especially under federal Superhnd law, if they
retained title and a spill occured. Supporters of the bill, including NPRC, Montana
Farmers Union and Montana Farm Bureau, argued that the type of interest taken was
irrelevant with regards to liability. Supporters also argued that even if landowners might
be held liable, it should be their choice, not the State's, as whether to incur that liability.
However, we were also concerned about liability, and wanted to be sure landowners were
indemnified and held harmless by condemning authorities. Because of the points raised
by opponents we added a new Section 1 to HB 355 during drafting which read:
240 1 Montana Avenue Suite # 200 Billings, Montana 59 10 1-2336
Phone: (406) 248- 1154 Fax: (4060 248-2 110 E-mail: infoG?nprcmt.org Web:
http:/ /www.nprcmt.org
EQC Eminent Domain Study -85-