Montana Power Co. v. Burlington Northern Railroad

This is an appeal from a decision of the Eighth Judicial District Court granting Montana Power Company’s (MPC) Preliminary Condemnation Order and Order of Possession of the easement through Burlington Northern’s (BN) property. We affirm and remand to the District Court as herein specified.

We restate the issues on appeal:

I. Did the District Court err when it found an easement through BN’s property was necessary for the intended use and subject to condemnation?

II. Did the District Court err when it found that MPC’s transmission line was a more necessary use?

III. Did the District Court err when…