Public Comment. Volume III - Montana Legislature

Another important question to be settled is: what, if anything, could be done to change
state law to clarify that the landowner should never be held liable for the actions or
omissions of the condemning authority if their land is taken through eminent domain? It
would be helpful for the final report to the Legislature to include a recommendation in
that regard. If the landowner is truly not liable under current law, it could not hurt to
codify this principle in Title 70, chapter 30. If there is any chance the landowner could be
held liable for spills and the like, we believe it is appropriate for the Legislature to
remedy the situation.
We continue to believe that the amended provisions of HB 355 detailed above provide a
good start toward limiting landowner liability. But we want to be sure the law is as strong
as possible in favor of the landowner, and would welcome any suggestions to improve
the language in Section 1.
We also echo the concerns of Representatives Shockley and McGee, who inquired during
the hearing whether landowners are burdened with having to pay attorney fees to defend
themselves when liability for spills fkom railroads, pipelines, and the like is trying to be
established in administrative or judicial proceedings. These and other liability concerns
are unrelated to the type of interest taken. However, we would encourage EQC to make a
finding as to whether they should be remedied as well.
I hope this clarifies the point I was trying to make at the EQC meeting last week. If you
or the staff have any questions, or if I can provide additional information, please do not
hesitate to contact me.
See Amendments to House Bill No. 355, l* Reading Copy, Requested by Rep. Lila Taylor, For the House
Business and Labor Committee, Prepared by Gregory Petesch, January 26, 1999. Adopted February 3,
1999.
" See Memo from Michael Reisner to Aaron Browning, January 27, 1999 in Re: CERCLA Liability as
Related to Eminent Domain Reform Legislation (attached).
"' 1,specifically refer to the comments of John Alke, Northern Border Pipeline, and Steve Wade, Browning
Law Firm, before the EQC Eminent Domain Subcommittee on January 20,2000.
January 3 1, 2000
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