By Rhoda Cargill
Everyone seems to have their "this is the most important bill this session". Few are those that are expressing outrage concerning HB 198 that would give private foreign and domestic corporations the power of eminent domain over rural (not urban) private lands in the state of Montana . A Trojan horse analogy is appropriate for HB 198.
If you live in Lincoln County , outside of Libby, our Representative in Helena, Mike Cuffe, voted YES to HB 198. He voted to give private, for-profit corporations and companies the power ofEminent Domain.
When the CEO of a foreign corporation, Tonbridge, received $161,000,000.00 in U.S. federal stimulus money, they went after private property right-of-ways to site their transmission lines. The corporation’s representatives fell on top of the land owners like a bunch of "thugs" claiming they had the right of eminent domain.
Tonbridge (MATL) sued a group of property owners that would not give up their land. The district judge hearing the case issued a ruling on Dec 13, 2010. She ruled there was no section of the Montana constitution or statute that gave a private company this power. On Dec 15, two days after this judgment was issued, HB 198 was born. Curious.
Passage of HB 198 would give private, foreign and domestic, corporations the authority to take private lands by eminent domain. Judge McKinnon ruled the Canadian corporation does not have the authority to condemn private property. HB 198 would, in effect, over turn Judge McKinnon’s ruling. Eminent domain derives from the power of sovereignty.
A spokesman for the foreign corporation, when asked if he was concerned about getting the necessary private property replied in a Canadian newspaper, no. He stated, "The political might of Montana legislators, the governor's office and efforts of all concerned utilities will help reverse the decision". The skids are greased. Who got the grease?? Who gets the shaft?
Llew Jones (of Biomass scandal fame) supports this bill. Northwestern Energy (Biomass scandal) is reported to be the push behind this bill. Vincent (Environomics, biomass scandal) sits on the senate committee that will hear this bill. Curious.
Consider this: There are more then five different future projects that I am aware of, through out the state of Montana where this foreign corporation and other foreign corporations will use this authority to take private land. HB 198 opens up a Pandora’s Box for across the board abuse. It will allow county commissioners to say “I didn’t do it, they did”. HB 198 is headed for a Senate Committee. Vincent is a member of that committee.
HB 198 sponsor, Senator Jim Peterson, is calling it a jobs bill. It seems legislators, both state and federal, believe that citizens will accept onerous legislation if it claims to provide jobs.
Power line construction will provide temporary jobs, but once built, a handful of people can maintain the lines.
In the Rotunda Report Peterson states, “There’s a misconception that this legislature is trying to expand the powers of eminent domain.” “ …the District Court Judge called for clarification of the law”.
The District Judge ruled that “[eminent domain] is a power constitutionally grounded” in the Montana Constitution or “authorized by legislation…and MATL (Tonbridge) can cite no legislative authority for its pursuit of land acquisitions by eminent domain…” What clarification is needed?
Why would a District Judge go to the legislature for interpretation of a law? Is that not the role of the Judiciary?
If Tonbridge did not have authority prior to HB 198 and if it passes, later has authority, how is this not an expansion of the powers of eminent domain?
Senator Peterson went on to say that HB 198 is actually “working to preserve the right of property owners to receive due compensation to the full extent of their loss, just as the constitution calls for”.
Peterson’s statement that this bill “protects” our property rights is in line with what a Land Trust speaker once said at a public informational meeting, “Some people think that property owners loose property rights when they enter into a conservation easement. No, no, no; you don’t loose your rights; you are using your rights to give away your rights.”
This bill is an expansion of eminent domain. "The political might of Montana legislators, the governor's office and efforts of all concerned utilities will help reverse the decision". It is not a clarification Tonbridge is seeking; it is a reversal of the judge’s decision through HB 198. Senator Peterson, I will stand corrected, but I do believe you are very wrong. If that is such, your attempt to paint this horse a different color is an affront to all the citizens of the state of Montana .
PREDICTION: HB 198 will pass this Senate Committee and Vincent will vote against it.
The surface beauty of the Trojan horse camouflages the dangers hidden within. On the surface for the Vote on HB 198 – glory be he did the right thing and voted against it! In my opinion, underneath, in a practiced exhibition of plausible deniability, he will work feverishly for its passage and then vote against it; just like he did with the passage of the stimulus money in the 2009 session.
In 2009, when Representative Vincent heard that a Senator was not going to vote for the passage of the Stimulus Bill, he quickly scurried across the aisle and would not leave this Senator until he got the answer he was looking for, “I’ll support it”. When the vote was taken, the record shows Vincent voted against it. Curious.
Private property rights are the cornerstone to our Republic. Without it, all else is candy. Cuffe needs to be held accountable for this vote; he deserves to hear outrage from each and everyone of his constituents. He needs to answer for his action: Why did he vote for this? Does he really believe he represented the voice of his constituents on this issue? How is HB 198 constitutional?
When HB 198 passes out of the Senate committee, and it will, Vincent needs to hear the outrage from all of Lincoln County .
Of Trojan horses… mice and men…Cuffe and many others have much to answer for.
You decide."
Rhoda Cargill ~ Lincoln County Montana
Crystal L. Cox
Investigative Blogger
"the Media"
