HomeMy WebLinkAbout02-24-15 Krause Use of Eminent Domain within the Bridger Creek SubdivisionFrom: J. C. Krause
To: Agenda
Cc: Gary & Cheryl Mathews
Subject: Use of Eminent Domain within the Bridger Creek Subdivision
Date: Monday, February 23, 2015 5:20:52 PM
I understand you will have an item on the March 2 , 2015 agenda to consider starting the process to
allow Eminent Domain requested by Mr. Tom Murphy . I strongly object to his request.
Mr. Murphy has stated that he is unable to access City utilities, and therefore unable to annex into
the City, unless he is granted access from Boylan Road. That is simply not true. He could access
utilities from Commercial Drive and still annex into the City
We are opposed to granting any access from Boylan Road and we are opposed to the City using
Eminent Domain in order for him to gain access. The benefits are only to Mr. Murphy.
The reasons for this are:
1. Access and utilities are already available to the property from Commercial Drive. He can
annex to the City and obtain utilities.
2. There is no public benefit if the property is taken through eminent domain, and the City
should not incur taxpayer’s expense.
3. Keeping the park and public trail intact, and keeping Murphy’s property as open space
and wetlands provides a greater public benefit.
4. This section of land is sensitive to development; reference past ground water issues with
the Village Green Townhomes and Links Condo developments. Significant cost was incurred
by Village Greens, our Subdivision Association, and Golf Course Partners to address the
ground water issue at that time. Who knows what will be affected if more ground in that area
is developed. In addition, Murphy's property contains a mitigation wetlands, which was
created for wetlands previously destroyed.
Jerry Krause
1037 Boylan Rd
Bozeman, MT 59715
406 577-2633
Mobile: 303 883-7390