Eminent Domain in Montana – The Montana House Fails Landowners
“Now that the Montana legislative session is over, here is my tally is on what landowners got out of the session regarding private property rights and specifically those rights related to merchant transmission lines:
– HB 417: this bill requires that a condemnor provide landowners a final written offer prior to initiating a condemnation complaint. This is helpful to landowners because condemnors often manipulate offers before a final award for damages and this can adversely affect the determination of the prevailing party for reimbursed attorney fees. This bill passed the Legislature on 4/24 and was signed by the Governor on 5/1.
– HB 45: this bill requires that the current Environmental Quality Council handbook on eminent domain be included in the condemnation complaint. This booklet may provide landowners with some information relative to their rights under Montana law. This bill was signed into law by the Governor on March 28.”
Geopostings Blog 6 May 2013.