HomeMy WebLinkAbout02-27-15 Trombley, Murphy Public CommentTo: City Commissioners RE: Bridger Center Annexation A13002
I am opposed to the City using Eminent Domain for the benefit of Mr. Tom Murphy's Bridger
Center to access utilities and provide emergency access.
• Access and utilities are already available from the South (the area of Bridger Center
Drive and Commercial Drive).
• Eminent Domain is intended for the "public benefit". What is the "public benefit" of one
individual getting the advantage of taking another's property for his own uses?
• Mr. Murphy's request refers to the Montana Code Annotated (MCA) 70-30-102 (7), but
he does not reference the Bozeman Municipal Code which very clearly states that
Eminent Domain shall not be used to take private property for the use of economic
development. See below Chapter 2, Article 7 Eminent Domain, Sec.2.07.010.
For these reasons, I request that you deny Bridger Center's petition. Thank you for your
consideration.
Jean Trombley, 2413 Birdie Drive, Unit B, Bozeman 59715
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Bozeman Municipal Code, Chapter 2, Article 7. Eminent Domain.
Sec. 2.07.010. Extent of Power
A. The city shall have the power, known as Eminent Domain, to condemn and take property for all public
purposes and city uses and purposes. The extent of the power and authority shall not be limited to the
uses described in MCA title 70, chapters 30 and 31 (MCA 70-30-101 et seq.,and MCA 70-31-101 et seq.)
and Urban Renewal Law, MCA title 7, chapter 15, parts 42 and 43 (MCA 7-15-4201 et seq. and MCA 7-
15-4301 et seq.); but shall be limited as follows:
1. Prohibiting eminent domain for economic development. Notwithstanding any other provision of law,
neither
the City nor any of its subdivisions shall use eminent domain to take private property for economic
development without the consent of the owner.
2. Economic development. The term "economic development" means the use of powers of eminent
domain
to acquire private property for private use in the implementation of an urban renewal project or similar
development plan.
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