Public Comment. Volume III - Montana Legislature

MEMORANDUM
MONTANA DEP~TMENT OF '+
. - . I .-
TRANSPORT&N
Helena, Montana 59620-1001
TO:
FROM:
Krista Lee, Resource Policy Analyst
Environmental Quality Council
Nick A. Rotering, Attorney
Legal Services
DATE: December 3, 1999
SUBJECT: HJR 34 Study
At the December 1, 1999, meeting of the Eminent Domain Subcommittee, there was some discussion
on particular statutes that the Department of Transportation followed when selling or exchanging excess
land that it had obtained either by condemnation or other acquisition. I believe that you had cited them
to Mont. Code Ann. $$70-30-321 and 70-30-322 as the pertinent statutes in question. However, the
Department of Transportation has been following the statutes contained in Mont. Code Ann. $5 60-4-
201 through 60-4-209. The recent amendments to those statutes occurred in the 1995 Session in
Chapter 232 which amended Mont. Code Ann. $8 604202,60-4-203 and 60-4-204 (repealed). I
believe that is the particular legislation that Senator Cole and I were discussing.
As you are aware, the Department of Transportation is vitally concerned and interested in the work of
the Subcommittee on Eminent Domain. We are more than willing to work with you in assisting and
providing information as needed. You and Gordy Higgins as staff to the Subcommittee have an
awesome task in providing information to this group. At any time that the Legal Services unit of the
Department can give any assistance, please feel fiee to contact me or Tim Reardon, the Chief Counsel.
-90- Volume Ill: Public Comment