Frustration in Montana
Jeff Salois, a Montana property owner, expressed his displeasure at the way Montana Alberta Tie Line (MATL) is treating land owners. Mr. Salois already won a court battle, but a pending bill in the state legislature could make his victory meaningless. If Mr. Salois really wants to win against MATL, he needs to win in the legislature. If it passes HB 198, MATL will have expansive eminent domain power.
In reality, no one ever contemplated that federal funding under the stimulus bill would be used to allow entities to condemn land for profit. Yet, so long as state constitutions and statutes allow these acquisitions, federal funds will continue to be misused. The legislature and Governor Schweitzer may come through for landowners by refusing to pass and/or sign HB 198. However, these battles will continue in the future. Montana owners and their outstanding counsel, Hertha Lund, should look for more permanent relief in the form of a constitutional amendment that forbids taking for private gain.
As construction began and they marked exactly where the poles were being placed, it became apparent that two poles should be relocated on our property so as to avoid a natural spring and some tepee rings. Instead of working with us on the placement of the two poles, MATL took us to court and lost.
District Judge McKinnon ruled in our favor and said that a private “for profit” company cannot claim eminent domain under these conditions. Instead of “working with us” as MATL claims, they went to our Montana Legislature and helped write HB198.
Hertha Lund has been hired as legal counsel by a group of landowners, including us, to try and get this matter resolved without changing existing laws. It is in any PRIVATE company’s best interest to get this bill passed. It gives them a lot more power over your private property for their private profit. This line is not for the “public good” as they claim, just private profit.
My only question to Gov Schweitzer: if we sunset HB198, can I sunset the poles?
P.S. Another issue involving this line is the use of federal stimulus dollars to build it. If I understand that right, that’s my tax dollars being used by a foreign company to “take” my property. This is wrong on so many levels!
