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Rep. Alana Griffith seeks targeted process to record unassigned subdivision open space
Summary
Rep. Alana Griffith told the Senate Local Government Committee HB233 would create a narrow administrative path for counties or cities to place unrecorded subdivision open space on county records or permit transfers to homeowner associations without forcing quiet‑title litigation.
Representative Alana Griffith introduced House Bill 233 to address a recurring problem in Montana subdivisions: pockets of open space or parkland that never received deeded ownership or a tax ID and therefore remain effectively unowned. She said the current remedy — a quiet‑title lawsuit — can cost $5,000–$10,000 and is often impractical because original developers are gone or unreachable.
Griffith said the bill is narrowly written to avoid taking land that was intended for public dedication. Instead, it would allow a city or county in specified circumstances to record a parcel on tax rolls or facilitate a transfer to an HOA where the plat or preliminary plat clearly shows the parcel was intended for HOA ownership. She emphasized this is not a substitute for quiet title where a true ownership contest exists and that local governments would retain discretion to determine whether a parcel is municipal land or appropriate for HOA transfer.
During committee questions, Senator Hertz asked whether the Department of Revenue had reviewed the proposal; Griffith replied it had not but she had consulted multiple county officials. Hertz raised a concern that changing ownership could affect how the Department of Revenue values adjoining lots; Griffith said a city or county cannot take HOA‑designated parkland except through standard legal means such as eminent domain, and in many cases a transfer to an HOA would preserve the association’s responsibilities. Senator Pope asked and Griffith confirmed the bill would not apply to land already dedicated to the public or clearly intended as city/county property.
The hearing closed with Griffith asking for committee consideration. No proponents or opponents participated online and no formal amendments or votes were taken during the hearing.
