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Senate committee hears hours of testimony as lawmakers weigh strict new property-rights standard
Summary
Supporters of SB 146 urged the Senate Judiciary Committee to elevate review of local land-use rules to strict scrutiny, saying the change would protect Montana property owners; opponents — counties, conservation groups and tribal representatives — warned it would curtail local planning, threaten wildlife and cultural protections and invite litigation.
Senate Bill 146, introduced by Sen. Becky Beard, would require courts to apply a heightened standard of review to many local land-use regulations and shift substantial burdens to local governments defending those rules. Supporters told the Senate Judiciary Committee on Jan. 28 that the change is needed to protect property owners from what they described as arbitrary or overbroad zoning.
"Our right to use our property must be respected," said Kendall Cotton of the Frontier Institute, a policy group, arguing Montana courts should treat certain property-use restrictions like other fundamental rights protected by Article II, Section 3 of the Montana Constitution. Multiple individual property…
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