Montana farmers fight eminent domain
by | 30 August 2010

Use of eminent domain to take private property near Cut Bank to run an electric transmission line to Great Falls for a Canadian company has fanned the flames of debate about fairness and private property rights in Montana.

Montana Farmers Union President Alan Merrill says proponents in this case played the card that taking the property is in the public’s best interest. He points out, however, that doesn’t mean private property rights shouldn’t be respected.

“We want the best for the public, that is true, but it has to work also for the person that owns the land.”

While the Cut Bank case is getting a lot of publicity, Merrill says it is not the only instance; he knows of cases involving transmission lines and pipelines around the state. He believes the negotiation process also needs more “good faith” — to replace the perception that, if a landowner doesn’t agree to a company’s or government’s terms, their land will simply be condemned and taken.

“I honestly hope that most Montanans feel the way that we do, that you have to finally stand up for your rights.”

The Montana Farmers Union is calling for fair compensation for the land being taken, as well as compensation for damage to nearby property and possible eventual return of the property, as terms that need to be clear and on the table for every eminent domain consideration.

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  • Anonymous

    Those of us who have faced the threat of eminent domain know two things: It is a sobering experience and private property owners do not stand on a level playing field legally, politically or economically.

    The challenge is that more eminent domain is on its way through many back doors. In addition to economic development takings using the Kelo or “blight” approach, we are in the midst of natural resource development takings in pursuit of everything from power line rights-of-way to shale gas (as in Barnett shale, Marcellus shale, and more).

    The pursuit of gas-rich shales brings with it more pipelines and more underground gas storage fields — and that (pipelines & storage fields) always means eminent domain. And in some states, the gas industry can use “forced pooling” which permit gas companies to seize gas under your property, even if you refuse to sign a lease.

    Unfortunately, the otherwise excellent Institute for Justice of Kelo fame declines to intervene in energy/utility takings because, they told me, of the “public good” premise. Instead, the Institute should reconsider and offer support in this expanding “market” for eminent domain abuse.

    But property owners can fight back. Our two-year battle against Houston-based Spectra Energy which seized our property rights for an underground gas storage field led to the development of a website. If you want to learn from our experience and understand this type of eminent domain, refer to this post: Spectra Energy

    Or here: http://www.spectraenergywatch.com/blog/?p=616

    Private property rights are so fundamental that founding fathers such as Samuel Adams described it as an “essential” right and wrote, “that no man can justly take the property of another without his consent.”

  • http://www.westerncitizen.com Wendy Norris

    Mike, thanks so much for sharing your experience on eminent domain takings. Your situation is replayed all over the oil-, gas- and mineral-rich Western states as well.

    Have you been in touch with Abrahm Lustgarten at ProPublica? He’s doing excellent reporting on oil shale drilling and hydraulic fracturing in your area. But I’ve not seen him follow the eminent domain angle. Might be worth a try.

    Best of luck to you.

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