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Bill would clarify Montana law to allow long-term affordability covenants; proponents say it eases development, opponents warn about property rights
Summary
House Bill 422 would add language explicitly permitting private covenants that preserve long-term affordability to run with the land; developers and cities support the change as a paperwork-reducer while building-industry representatives called it a form of inclusionary zoning and flagged resale-value concerns.
Representative Carden opened the hearing on House Bill 422, saying the bill clarifies that Montana law allows property owners to place covenants on land that provide for long-term affordability.
Ross Keogh, an attorney experienced in real-estate development, told the committee the change is a one-sentence addition to the section that already lists conservation and open-space easements; HB 422 would put affordability restrictions on the same footing and allow private parties to ‘‘contract to ensure that the deals they make…continue…
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