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Committee hears bill to exempt agricultural property from some county open‑space levies; sponsor will narrow scope and retroactivity

House Taxation Committee · February 13, 2025
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Summary

Rep. Jane Gillette said HB 411 would exempt agricultural property from certain county open‑space levies, arguing farms already supply public open space; proponents from farm groups supported the measure, while members and stakeholders asked for narrower definitions and clarification about retroactive effects on voter‑approved levies.

Representative Jane Gillette opened House Bill 411 proposing to exempt agricultural property classified under state law from certain county open‑space levies. Gillette said agriculture already provides a public good of open space and that the exemption would prevent double taxation of farm operations.

Proponents including the Montana Farm Bureau Federation and United Property Owners Montana urged the committee to support the bill, arguing the policy prevents agricultural operators from being taxed both for open space benefits they deliver and to fund open‑space purchases. Kerry White, a former legislator and farm operator, testified remotely in support.

Committee members questioned how many counties use open‑space levies, noted that statutory agricultural classifications are broad and may capture non‑targeted properties, and raised concerns about retroactive application to recently‑voted levies and ballot measures. Gillette said she will work on amendments to narrow the agricultural definition and to exclude levies intended for parks or trails so as not to undermine local ballot commitments.

The hearing closed with the sponsor committing to refine the bill's language and return with amendments.