HomeMy WebLinkAbout02-27-15 Boom, Bridger, Public CommentTo The City Commission:
Re: March 2, 2015 meeting regarding Request by Bridger Center for easement
I oppose the condemnation request for the purpose of an easement leading to what has been termed
Bridger Center. I live at 1050 Boylan Avenue, adjacent to the land owned by Bridger Center LLC.
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, not done by the City Commission.
b. Sec. 2.07.040 of the City Ordinances states that eminent domain procedures shall follow the
state statutes.
c. The urban renewal ordinance provides that eminent domain may be used for a blighted
area. This is not a blighted area as required by Sec. 7-15-4206 of the City Ordinances.
d. Sec. 2.07.010 of the City Ordinances prohibits using eminent domain for economic
development. The requested access easement would allow private economic development.
It would not be for public use.
e. This requested easement is not on publicly owned land. Section 70-30-102(7) MCA allows
condemnation of “publicly owned” facilities.
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. These wetlands are already a mitigation wetland created for
previously destroyed wetlands.
3. The proposed development would be detrimental to the wildlife living there, including but not
limited to deer, beaver, ducks and geese. Sandhill cranes also use this area, stopping for months
at a time.
4. Sewer lines and power lines could be extended from the Commercial Drive entrance. There is
no emergency requiring condemnation.
5. Village Green Townhouses and the golf course have already had ground water issues in this
area. Further development would likely exacerbate these issues.
Faye D. Boom