Montana Code 82-10-304. Certificate of board required prior to use of eminent domain
82-10-304. Certificate of board required prior to use of eminent domain. (1) A natural gas public utility desiring to exercise the right of eminent domain pursuant to Title 70, chapter 30, and this chapter for taking property to use for underground storage of natural gas shall, as a condition precedent to the filing of its complaint in the district court, apply for and obtain a certificate from the board. The certificate must contain the following findings of the board:
Terms Used In Montana Code 82-10-304
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Gas: means all natural gases and all other fluid hydrocarbons, including methane gas or any other natural gas found in any coal formation, as produced at the wellhead and not defined as oil in subsection (3). See Montana Code 82-1-111
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Property: means real and personal property. See Montana Code 1-1-205
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)that the underground sand, stratum, or formation sought to be taken is suitable for an underground reservoir for the storage of natural gas and that its use for that purpose is in the public interest;
(b)the amount of native gas, if any, remaining in the reservoir and the portion of gas recoverable; and
(c)that the applicant has in good faith sought to acquire the rights sought under this part.
(2)The board may not issue the certificate until after a public hearing is held on the application, pursuant to notice given to all persons known to have an interest in the property proposed to be acquired in the manner provided by the laws of the state for service of process in a civil action.