HomeMy WebLinkAbout02-27-15 Hunter, Bridger Center Public CommentDear City Commissioners,
I oppose the condemnation request for the purpose of an easement leading to what
has been termed Bridger Center.
1. I question whether the City Commission has the authority to grant a
condemnation and taking of a property right for an easement leading to land owned
by Mr. Murphy for the following reasons:
a. Montana State statutes (70-30-202) provides that a condemnation request must
be started in the courts
b. Sec. 2.07.040 of the City Ordinances states that eminent domain procedures
shall follow the state statutes
c. This is not a blighted area as required by Sec. 7-15-4206 of the City
Ordinances, the urban renewal ordinance
d. Sec 2.07.010 of the City Ordinances prohibits using eminent domain for
economic development
e. Section 70-30-102(7) MCA allows condemnation of "publicly owned" facilities.
This requested easement is not on publicly owned land
f. The condemnation request in question involves city property but leads to vacant
property that is within the county, not the city
g. The condemnation would not be for a public use, which is a factor the City would
have to establish
2. Building residences and roads on the property owned by Mr. Murphy would
endanger the critical wetlands on the property. Murphy's property contains a
mitigation wetlands, which was created for wetlands previously destroyed. Any
development on that property would affect those wetlands.
3. This section of land is sensitive to development; we learned that first hand with
the significant ground water issues with the Village Green Townhomes and Links
Condo developments. Significant cost was incurred by Village Greens, BCSCA, and
Golf Course Partners to address the ground water. Who knows what will be
affected if more ground in that area is developed.
4. Sewer lines and power lines could be extended from the Commercial Dr.
entrance. There is no emergency requiring condemnation.
Sincerely,
Susan and David Hunter
1050 Boylan Rd, #9
Village Greens Townhomes
Bozeman, MT 59715 406-522-8258