Bill > SB146

This bill creates the Private Property Protection Act, which aims to limit governmental restrictions on private property use by establishing strict standards for when and how government entities can impose such restrictions. The bill defines a "property use restriction" as any government action that limits a property owner's use and enjoyment of their property and requires that such restrictions be demonstrably necessary and narrowly tailored to fulfill a truly compelling governmental interest. The legislation provides property owners with a legal mechanism to challenge restrictions they believe are overly broad, allowing them to file a lawsuit where the government must prove the restriction is the least restrictive means to achieve a critical purpose. Notably, the bill creates exceptions for nuisance prevention, permit enforcement, and certain government actions, and establishes a 5-year statute of limitations for bringing such challenges. The bill emphasizes the legislature's intent to protect property rights by interpreting the state constitution's property rights clause as encompassing the right to use property for financial gain. Importantly, the bill shifts the burden of proof to the governmental entity, which must show that no reasonable alternatives exist and that the restriction is absolutely necessary, potentially making it easier for property owners to successfully challenge land use regulations.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0975