The Courts and Lawyers Are Going to Have Fun With This One

by jhwygirl

HB198 was passed on third reading this morning in the Senate. I won’t rehash the ugly mess of this bill that will enable private major facility businesses to take private property for private gain – you can just put HB198 into the search there on the right for that background.

That being said, the bill is heading to the Governor’s desk after a debate yesterday that had proponents of the bill push off amendments they felt were worthy because they had to ‘get this thing done for MATL.’

So we have a bill that’s bad, even by proponent’s standards.

What is probably not so shocking since he’s been demanding this bill, is that Governor Schweitzer is willing to sign off on this bill that he, too, admits does not protect private property rights.

Schweitzer is going to offer an amendatory veto to this bad bill that will have it sunset it in 2013. That means that Montanans will have a bill that has a special retroactive clause to capture up and (hopefully for them) cure MATL’s legal issues and its failure to negotiate in good faith with Montana property owners being signed by the Governor – even though he admits it’s a shitty bill. From the good Gov:

“The Legislature has got to spend the next two years putting together an eminent domain law that makes sense for developers and for landowners of Montana,” Schweitzer said at a Capitol news conference. “This bill is not right; it didn’t address landowner concerns.”

I’m not a landowner, but if I were in the path of anything that has a major facility line or pipeline anywhere near it, I’d be darn pissed off right now.

Voters can not point the blame of this horrible legislation at any one party – both sides of the aisle voted on both sides of the issue, and ardently defended their positions. Being the one signing it into law, though, is a different matter.

(Addendum)
Read the Billings Gazette edition of this story and the comments are interesting. Not many in support of the thing, and the only people being blamed are Democrats.

And that will be how it goes. A whole bunch of people that will never check the actual vote on that bill (that saw the likes of Verdell Jackson voting for the thing) will blame it on “Democrats” when in truth there were a whole lot of “Republicans” who voted for it, too.

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