Real Estate & Property Law

Where Will Montana Go with Eminent Domain?

By Alan Ackerman

A trial court property determined that a transmission company could not acquire land to build a power line through central Montana because there had been no statutory delegation of eminent domain power. To remedy the situation, Governor Schweitzer is urging the Montana Legislature to enact a law giving transmission companies and other utilities condemnation power.Also pending is an act that would give greater protection to property owners.

Given the need for jobs and better power transmission, it is unlikely the proponents of the latter bill will be able to tether it to the former. Hopefully, however, the legislators will recognize the needs of landowners, and decide to protect private property rights while reasonably allowing utilities to exercise the power of eminent domain.  

Helena Independent Record 

HB198, sponsored by Rep. Ken Peterson, R-Billings, says private developers with a state-approved power line or pipeline route can use eminent domain to condemn and purchase land along that route.

The bill, supported by utilities and power-line developers, is in response to a state District Court decision last year that blocked a condemnation proceeding by the Montana-Alberta Tie (MATL) power line in north-central Montana. 

Milburn said he'd like to see what happens to another eminent domain bill, House Bill 240, sponsored by Rep. Kelly Flynn, R-Townsend.

HB240 changes some procedures in the condemnation process, giving landowners a stronger hand in negotiations with the developer.

'We're interested in making sure the landowners have due process (of law) and just compensation,' Flynn said Thursday.

Flynn said he'll be proposing some amendments to HB240 next week, in the House Judiciary Committee.

While HB198 and HB240 both deal with eminent domain, their respective sponsors said the bills affect different aspects of the law.

Full post as published by National Eminent Domain Blog on February 03, 2011 (boomark / email).