Montana Property Rights

The Castle Coalition has released a report, grading each of the states based on their efforts to protect private property owners and their rights based on changes in their respective state laws.  The Castle Coalition is the Institute for Justice's nationwide grassroots property rights activism project that teaches home and small business owners how to protect themselves and stand up to abuse by governments and developers who seek to use eminent domain to take private property for their own gain.  Stated below is the letter grade, as given by the Castle Coalition, along with a description of the changes that have occurred since Kelo v. City of New London.

Montana Castle Coalition letter grade of

In 2007, the Montana legislature passed two bills that addressed the state definitions of public use and blight. Unfortunately, the loose and vague language did not provide much protection for property owners.

Senate Bill 41 provided additional language to the state’s definition of blighted areas, but the newly added language did not provide sufficient improvement and still allows a condemning authority to find loopholes to get around the bill. Senate Bill 41 also removed a 10-year private transfer limit for private properties, making it easier for private developers to acquire land for private developments.

In addition to Senate Bill 41, Senate Bill 363 was passed, which attempted to tighten the definition of public use for the state of Montana. Unfortunately, the bill ceased to provide much help. Senate Bill 363 removed some vague language and attempted to tighten the definition of blight, but words like “deterioration” and “age obsolescence” are still within the state constitution.

Summary

Although the state’s attempt to pass new legislation began positive reform in the state of Montana, the state still needs tightened definitions of public use and blight. In order to ensure protection for property owners, state legislators must work to pass amendments that do not allow loopholes for private developers to get around. In addition, a timed enforcement on private to private property transfers will undoubtedly help curb eminent domain. Click to read more about Senate Bill 41 and Senate Bill 363.