Montana Power Co. v. Cremer

This is an appeal by the Montana Power Company (MPC) from a judgment of the District Court of the Sixth Judicial District, sitting in Sweet Grass County, dismissing an eminent domain proceeding for lack of jurisdiction.

MPC brought a condemnation action to acquire a permanent easement across a strip of respondents’ land for the construction of a six-inch gas transmission pipeline which in total would extend 38.3 miles from MPC’s pipelines near Greycliff, Montana, to its Big Coulee field located southeast of Ryegate, Montana.

At the “necessity” hearing held on October 18, 1978, respondents…