Bill > SB239

This bill modifies two sections of Montana law related to subdivision applications and land use decisions, introducing new provisions for amicus briefs and intervention in district court cases. Specifically, the bill requires courts to invite governing bodies to participate as amicus curiae (friends of the court) when interpreting statutes related to subdivisions or land use regulations. Before issuing an order interpreting such statutes, courts must invite relevant governing bodies to file an amicus brief and wait a sufficient time for them to do so. Additionally, the bill allows a nonparty that files an amicus brief to intervene in the case after an order has been issued and seek a stay of that order pending appeal, which the court must grant until the issue is fully resolved. The changes apply to both subdivision applications (in Section 76-3-625) and broader land use decisions (in Section 76-25-503), giving local government entities more opportunity to provide input and potentially challenge court interpretations of laws they administer. These modifications aim to provide greater procedural transparency and allow more comprehensive judicial review of local government land use and subdivision decisions.

Government Affairs, Justice

https://bills.legmt.gov/#/laws/bill/2/LC0019