Archive for April 6th, 2011

by jhwygirl

Eminent domain has been something that our Governor Brian Schweitzer wants addressed.

What he and a whole bunch of others in both the legislature and in Canada and elsewhere want is for the Montana-Alberta Tie Limited (MATL) to be able to build its line where they want to build it. Meaning that Canadian company Tonbridge Power, Inc. needs to be able to condemn private property for the many that are standing in the way.

Wasn’t there an outcry back in 2005 over Kelo v. New London? In that case it was one homeowner.

Aren’t there whole skyscrapers built around little houses in NYC?

It seems to me this is capitalism and the free market at its finest. There’s a ranch owner up near Choteau that doesn’t want the lines going through a particular area on his property. Tonbridge is a private company. They don’t have the power of eminent domain. Eminent domain is for public uses. Tonbridge just wants to move its power from Alberta to Colorado and California.

Shouldn’t the private company then deal in the true free market?

Offer him more money. At some point, it’s either going to be cost effective or not. Then you move the line.

And I understand what that means – but that’s the free market. Embrace it, baby!

The Montana GOP is floating a new proposal. Remember, there’s a whole bunch of people that want this thing, not just Schweitzer, not just Tonbridge, not just Northwestern Energy, (who also wants to be able to condemn for its Mountain States Transmission Intertie (MSTI), and not just some Democrats.

The original bill, HB198 , was truly bipartisan creation..

Sen. Essmann, from Billings, has an amendment that would not allow condemnation of “collector” lines from smaller energy sources (say, a wind farm here in Montana?)…but would still bring the straight line of authority and loss/benefit between the private property (Tonbridge or Northwestern Energy).

The idea that the the state would not want to step in on this issue like is astounding.

Further, this opens a key to corporate interests picking the shortest most profitable line. Plan first, takings later. Guaranteed.

Essmann’s proposal, frankly, ensures that we’ll have tons of lines crossing the landscape and no planned consolidation which would make investment significantly easier and reducing impact on Montana’s greatest resource (and I shouldn’t have to say what that is).

The solution needs to eliminate that direct authority of private interests over private property and the individual Montanan.

There also has to be some true public benefit. not a handful of jobs.

One of these days – and especially after this session – someone’s going to count all the jobs, who they went to (brought in from out-of-state?) and what they did (my bet is that we end up with a whole bunch of attorneys, judges and copy stores).

Alas – those darned Montanans and their crazy property rights ethic. They take offense to handing over eminent domain powers to private corporations. I don’t know that it matters much that they’re from Canada..or that the people, benefiting from the power line are in California and Colorado.

And Canada too, I guess.

What Montanans don’t want to see is an open door for a private entity to come in and decide that they want to profit off of what many have called the west’s breadbasket of wind and have the feds authorizing lines with no regard to whether the private property owner or the locally and state-level elected authorities approve of the thing.

This reversion to and embracing of Montana colonialism astounds me. We’re prostituting ourselves with the state’s resources that are not unlimited.

Coal? Otter Creek, we gave that away. Oil & gas? Nowthey’ll be drilling first and then doing an environmental review.

Even these powerlines. While advocates for allowing a private corporation to condemn private property for their own private interests gain cry “this is for green energy” their calls are fake. Aside from the particular facts of MATL, the issue isn’t what it carries – it’s the power it gives to private entities.

Tonbridge and Northwestern Energy are ramping up pressure. Northwestern recent filed an amicus brief in the current case in Tonbridge’s appeal of a lower court which ruled that eminent domain authority only rests with the state. Teton County’s Choteau Acantha has the fullest reporting I’ve seen on this.

Concerned Citizens Montana is a website formed by those not supporting eminent domain ability for private companies, and it has an aggregate of information from many places.

Will the legislature hand over private property takings rights to private entities?

Let’s hope some true conservative libertarian sense reigns.




  • Pages

  • Recent Comments

    Miles on A New Shelter for Vets or an E…
    success rate for In… on Thirty years ago ARCO killed A…
    Warrior for the Lord on The Dark Side of Colorado
    Linda Kelley-Miller on The Dark Side of Colorado
    Dan on A New Shelter for Vets or an E…
    Former Prosecutor Se… on Former Chief Deputy County Att…
    JediPeaceFrog on Montana AG Tim Fox and US Rep.…
  • Recent Posts

  • Blog Stats

    • 1,672,994 hits
  • Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 2,737 other followers

  • April 2011
    S M T W T F S
    « Mar   May »
     12
    3456789
    10111213141516
    17181920212223
    24252627282930
  • Categories