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Bill > HB301


MT HB301

Generally revise statutes of limitations laws relating to real property


summary

Introduced
01/23/2025
In Committee
02/20/2025
Crossed Over
Passed
Dead
05/22/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT REVISING STATUTES OF LIMITATIONS RELATING TO REAL PROPERTY; PROVIDING FOR WHEN A CLAIM OR CAUSE OF ACTION FOR INJURY TO REAL PROPERTY ARISES; PROVIDING THAT A CLAIM MUST BE BROUGHT WITHIN THE PERIOD OF LIMITATION; AND AMING SECTION 27-2-102, MCA.”

AI Summary

This bill amends Montana's statutes of limitations (legal time limits for filing lawsuits) specifically related to real property injury claims. The bill clarifies when a claim for property injury technically "arises" by establishing two key conditions: (1) the conduct causing the injury is complete, even if the injury continues, and (2) the property owner knows or should reasonably know about the injury. The legislation specifies that the period for filing a lawsuit begins when a claim accrues, and lack of knowledge about the claim does not automatically extend the time limit. The bill also maintains existing provisions that pause the limitation period if the facts of an injury are deliberately concealed or if the defendant has taken actions to prevent discovery of the injury. Importantly, the bill stipulates that if a property injury claim is not brought within the legal time limit, the claim is permanently barred not just for the current property owner, but for all subsequent owners of the property. This change aims to provide more clarity and predictability in how and when property injury claims can be legally pursued.

Committee Categories

Justice

Sponsors (1)

Last Action

(H) Died in Standing Committee (on 05/22/2025)

bill text


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