HB198 Issues

HB 198 grew out of a Glacier County court ruling, which upheld the rights of private property owners to protect their land in accordance with Montana law.

The large foreign corporation involved in the decision was joined by other similar companies and a number of state politicians to fashion legislation removing land owner protections and giving these corporations the ability to condemn and confiscate land.

The result was HB 198, which was narrowly passed by the Montana legislature in May 2011 and was allowed to become law without the governor’s signature or veto.

This is a David and Goliath battle to protect private property rights. It boils down to ordinary citizens standing up for what’s just and fair for Montanans. Remember David won.
The concept of eminent domain was intended to allow condemnation of land for public projects in the public good. It was not intended to assist corporate entities in inflating their stock value or enhancing their bottom line.
Under HB 198 corporations will define fair market value. They won’t have to negotiate at all. They know their right of eminent domain is both automatic and absolute. They hold all the cards and property owners hold none.
We want two things. First, we do not want to damage cornerstone Montana agricultural and recreation-based industries by allowing corporations to do what they please with Montana land. Second, we want to encourage economic growth that will bring meaningful employment for Montanans but not at the expense of private property rights, existing jobs and our way of life.
We support responsible energy policy and development of alternative forms of generation. We object strongly to alternative forms of energy (including wind generation) being used as a smoke screen to obscure the real motives.
Calling those who oppose HB198 NIMBYs (not in my backyard) is simplistic and serves to marginalize the valid concerns of Montanans. The confiscation of private property by corporate giants is wrong in anybody’s backyard.