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MT SB499

MT SB499
Revise adverse possession laws relating to certain land and improvements


summary

Introduced
02/24/2023
In Committee
03/15/2023
Crossed Over
03/03/2023
Passed
04/25/2023
Dead
Vetoed
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)

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