The people's voice., 1959-11-20
LOWER COST R/W
ALONG "BENCH" ROUTE

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Cost of right-of- through fer
tile bottom lands as contrasted witt
'fthe much less expensive grain,
lands along the bench, is another rea
son given in asking the court to en-
join the commission from following
the bottom route. Not only is tn,
bottom route right-of-way many
times more expensive, but, because
the planned route goes through ''tht
most heavily-populated area between
Livingston and Billings it will
be necessary to build frontage road:
on both sides of the Interstate route
along practically the entire length
thereof :" These frontage roads
the brief contends, will take an addi.
tional $4,000 to 1000 acres of irri.
gated and subirrigated lands" out
of production forever. A similar con-
dition does not exist along the bench
route, thus avoiding wastage of fer
tile acres and the paying of very
high right-of-way costs.
Still another point Wold's brief
brings up in opposition to the lower
routing concerns removal of utility
lines on present highway right-of-
ways. Under a law CREASED through
the 1857 Legislature, the State
must pay IS per cent of the cost
of relocation of all such lines.
These utility lines include: ga L.
inch gas line, two petroleum prod
ucts lines, a 48-wire Mountain
States Tel. & Tel. trans-continental
line, Montana Power high tension
line and a MPCo. local service
line" Along the bench route there
would be practically no utility lines,
to relocate at state expense.
Railroad overpasses along the low
er route would also eat up huge
of highway funds. There
are approximately 10 railroad over
passes that would be required along
the present routing from Livingston
to Billings.
"BENCH" ROUTE
Contending that instead of an esti-
mated $40 million to build the bot
5om route, a bench route along the
north side of the valley can be built
for about $31,000,OOO, the brief
points out that no costly bridge struc-
,ures across the Yellowstone would
De required on the proposed upper
'oute. Also, the upper route would
lot interfere with the agricultural
economy of the Yellowstone valley in
my substantial way and the right-of-
way taken for such route would, for
he most part, remove only inexpen-
i've grazing and scrub timber lands
rom the tax rolls" In addition, "the
'ench route is substantially shorter
:" and does not present problems
with having an extremely
ugh water table.
Observing that it is tax money
that builds all highways, the brief
points out that "the excessive costs
of (bottom) route over the bench
route, "mean that these excessive
costs insofar as Montana State
Highway funds are used therefore
must be borne by users and pur-
chasers of gasoline in Montana :"
That the commission twas in
ormed of the desirability and FEAST
ility of said bench route long prior
o the advertising for bids for the
obstruction of the (Yellowstone)
RIDGE and twas so informed not
ater than the winter of 1957-58", is
matter of record. Nevertheless,
Void contends the Commission has
rbitrarily and unlawfully refused to
onsider said bench route in any
anner whatsoever and has arbi-
'arily and unlawfully refused to
AXE any surveys to carry out in
of said bench route :"
P TO THE COURT
Whether a restraining order will
: issued; whether the commission
i'll be ordered to make surveys along
lie north (bench) route; whether |
e commission is overstepping the
mits set by the Financial District
aw; are now matters to be settled s
the courts.
The courts decision will determine t