Bill
Bill > SB499
summary
Introduced
02/24/2023
02/24/2023
In Committee
03/15/2023
03/15/2023
Crossed Over
03/03/2023
03/03/2023
Passed
04/25/2023
04/25/2023
Dead
Vetoed
05/18/2023
05/18/2023
Introduced Session
2023 Regular Session
Bill Summary
Revise adverse possession laws relating to certain land and improvements
AI Summary
This bill revises Montana's adverse possession laws to allow a Montana resident to adversely possess up to one-half acre of land and the residential improvements they have made on that land, if certain conditions are met. The key provisions are:
1. The Montana resident must have paid property taxes on the residential improvements without proving their possession was non-permissive, the land must be owned by a foreign for-profit corporation registered to do business in Montana, and the resident must have continuously occupied the property as their primary residence for at least 5 years prior to filing the adverse possession claim.
2. The foreign land owner cannot claim they permitted the development and use of the land as a defense against the adverse possession claim.
3. The bill does not apply to land owned by tribal members, tribes, or within reservation boundaries.
4. The bill defines "residential improvements" to include the residential structure and other immovable fixtures or improvements made by the Montana resident.
The bill aims to protect Montana residents who have invested in developing rural properties from displacement by foreign corporate interests, while preserving the local tax base and deterring exploitation of Montana citizens.
Committee Categories
Government Affairs, Justice
Sponsors (1)
Last Action
(H) Veto Override Failed in Legislature (on 06/16/2023)
bill text
bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=499&P_BLTP_BILL_TYP_CD=SB&Z_ACTION=Find&P_SESS=20231 |
| BillText | https://leg.mt.gov/bills/2023/SB0499/SB0499_X.pdf |
| BillText | https://leg.mt.gov/bills/2023/SB0499/SB0499_2.pdf |
| BillText | https://leg.mt.gov/bills/2023/SB0499/SB0499_1.pdf |
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