Eminent domain bill spurs debate over energy and property rights

“State Senator Debby Barrett (R – Dillon) is sponsoring a Senate Bill 180 which rolls back the power of eminent domain. Eminent domain is the ability for private property to be taken for public use.

Barrett says merchant transmission lines should not have the power to take private property and that the law as it currently stand violates private property rights.

Last session, in a heated debate, the Montana Legislature granted merchant lines and public utilities the ability to take private property.

Montana resident and landowner Don Hart was one of several property owners who lined up to testify in support of the bill Tuesday afternoon.

“It’s not just about protecting private property and landowner rights, it’s also about protecting society,” John Fitzpatrick, Lobbyist for Northwestern Energy testified. “But if you listen to the whims of these folks who testify in favor of this bill, you are simply empowering them to control the lands, and land use of their neighbors and the destiny of our cities and towns.””

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Banks, Marnee. KRTV.com 6 February 2013.