Landowners and Activists groups have begun to organize opposition to the expansion of eminent domain power passed last week by the Montana State legislature. The new law, HB 198, permits privately-owned utilities to use eminent domain power and to condemn private property in order to build transmission lines. The law has been challenged in two court cases. The first case deals with a 214-mile-long transmission line for a wind farm in Northern Montana. The landowners initially won a ruling in December of 2008 that said that a private utility did not have the right to invoke eminent domain. However, that initial ruling occurred before the passage of the new law, which appears to overturn it. A second legal challenge, filed on Friday, contests the constitutionality of the expansion of eminent domain power.

Additional opposition to the new law has emerged from within the state legislature. Public Service Commissioner John Vincent (D-Bozeman) is attempting to organize a ballot initiative to challenge the law in 2012. On Tuesday Vincent stated that: “there’s really nothing in state law mandating that a corporate, for-profit project be required to prove it meets a legitimate public need or that it’s in the best interests of the public”, calling the law “a deal with the devil.”

In contrast, proponents of the new law have argued that corporations which are involved in expensive utility projects need greater certainty that they will be able to build those projects without obstruction before they invest. They argue that the new law is a much-needed clarification of existing eminent domain powers, restoring the status quo as it was before the initial court ruling denied eminent domain to the unities.

In one sense, they are correct- the limits of eminent domain law in Montana do need clarification. However, HB 198 moves in the wrong direction. A clarification of the law which upholds the rights of individual property owners, such as the eminent domain reforms recently passed in Texas, is infinitely preferable to the Montana law. The legislation recently signed in Texas by Governor Perry denies eminent domain power to private entities, and requires that the state pay the fairly assessed value of any land taken. In contrast, Montana’s HB 198 neither requires a clear public purpose for the land-taking nor gives property owners a reasonable chance of obtaining fair value for their land. Therefore, the opposition to the Montana law, and the efforts of property owners and their legislative supporters, ought to be applauded.
 

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This is among several land grabs the government is perpetrating with cover from different organizations and energy companies. Another recent one is The Lake of the Ozarks. Now, there are several more appearing suddenly across the US. The public MUST come together to fight this insidious thievery led by whining "investors" who believe the public should guarantee a monetary return/gain for them because they invested in a project with their buddy the Federal government. As well, the government, like a virus has infiltrated "environmental" organizations to cover their land grabs with shouts of protecting wildlife and resources. Read other articles related to this one. Look up Montana Land Grad. First, investing is not a guarantee you will receive a return. It's called RISK, jerks! Yet, those associated with this and other land grabs across the US are being guaranteed a return by the Feds. And, although environmental concerns are at the top of my list, I'm not stupid! These large organizations such as the World Wildlife fund apparently has become the mouthpiece for clandestine Federal land grabs which is beyond exploitation of their stated purpose. This the is the most unconstitutional act so far by our government--doesn't matter who is in office. Since Bush created the citizen rights grad via the Patriot Act, Obama upheld precedent by allowing the Act to pass back into law. He just let the paper lay on his desk so the media was not alerted to his agreement with Bush and his buddies. These land grabs that are going on now all over the US are the ultimate expression of the military/industrial complex's plans to continue to play the public, taking everything. The US citizen now essentially has NO BILL OF RIGHTS. 1000 pages of the Patriot Act is difficult to get through, but that's what it says, people. NO BILL OF RIGHTS. Better get together and fight this or no one in American will have any rights to hold land, water or feed their children. The 1% has the money and therefore the only RIGHTS. This is no joke.
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