SB 146: Creating the private property protection act - Montana

SB0146_2(3).pdf → SB0146_2(4).pdf · 5 edits

MODERATE

The bill adds a specific exemption for restrictive covenants required by a government entity, clarifies that tribal government actions are covered, and strengthens enforcement by requiring plaintiffs to win unless the government proves the restriction is necessary for public health or safety. It also updates the statute of limitations to five years and clarifies severability rules.

Scope change

The bill's scope now explicitly includes restrictive covenants mandated by government entities and actions by tribal governments, which were previously ambiguous or excluded.

ELIGIBILITY

Added an exemption for restrictive covenants that were required by a governmental entity, meaning these cannot be challenged under the new law.

SCOPE

Explicitly included actions by tribal governments as covered under the bill's protections.

ENFORCEMENT

Changed the burden of proof so that a plaintiff must win the case unless the government proves the restriction is necessary for public health/safety and is the least restrictive option.

TIMELINE

Set the statute of limitations for filing a challenge at five years from when the person becomes aware of the issue.

TECHNICAL

Updated codification instructions to reflect that the new sections will be part of a new chapter in Title 76.

SB0146_1(7).pdf → SB0146_2.pdf · 4 edits

MODERATE

The bill was significantly rewritten to strengthen property rights protections by adding specific exemptions for private covenants and tribal governments, clarifying that restrictions only apply to property owned by private individuals or entities, and introducing a five-year statute of limitations for legal challenges. These changes aim to prevent government overreach while ensuring the law applies only to private property and remains actionable within a reasonable timeframe.

Scope change

The bill's scope was narrowed to explicitly exclude private covenants and tribal government actions, and it was clarified to apply only to property owned by private persons or entities rather than all property use restrictions.

DEFINITION

Added the requirement that 'Property use restriction' must be owned by a private person or private entity to be covered by the bill.

ELIGIBILITY

Added explicit exemptions for actions by tribal governments and restrictive covenants entered into between private parties.

TIMELINE

Introduced a new Section 6 establishing a five-year statute of limitations for filing lawsuits under the act.

ENFORCEMENT

Modified the burden of proof and language in enforcement sections to require 'reasonable alternatives' rather than just 'alternative mechanisms' to challenge restrictions.

LC0975.pdf → SB0146_1.pdf · 4 edits

MODERATE

The bill was renumbered from LC 975 to SB 146 and updated with a Senate sponsor. The core policy text remains largely the same, but the bill now explicitly defines 'private property' and clarifies that property use restrictions must be narrowly tailored to public health or safety interests. It also adds specific exceptions for nuisance abatement and federal law enforcement.

Scope change

The bill's scope is now explicitly defined to include 'private property' as defined in existing state law, and it clarifies the specific chapters of Title 76 to which the new restrictions apply.

TECHNICAL

The bill number changed from LC 975 to SB 146, and the sponsor was added as B. Beard.

DEFINITION

A new definition for 'private property' was added to clarify that it has the same meaning as 'real property' under existing state law.

REQUIREMENT

The requirement for property use restrictions was updated to ensure they are narrowly tailored to fulfill a compelling governmental interest in public health or safety.

ELIGIBILITY

New exceptions were added to the bill's application, specifically excluding actions to prevent nuisances and the enforcement of federal law requirements.

Creating the private property protection act

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