Legislative Watch

The 2011 Legislature:
Slow but steady progress on property rights

UPOM approached the 2011 legislative session with the goal of passing legislation to relieve property owners of the regulatory burdens placed on them by government regulations, particularly FWP. Although we saw success in both chambers of the legislature, many of the bills we supported were vetoed by the Governor. Unlike the 2009 legislative session, when most of our victories were scored in the defeat of bad bills, this session our focus was to advance positive legislation to strengthen property rights. Overall, we consider the session a success, but with much work left to do.

Regulatory Takings

One of our top priorities was to enact a comprehensive regulatory takings law that would provide a solid layer of protection for property owners against overbearing government regulation. The philosophy behind our legislation was simple, if a government action was taken for the benefit of the public, then the public should share in the cost of paying for that benefit. Our bill would have allowed a property owner to seek compensation from the government in situation where a new regulation caused the property to drop in value by more than 10%. Though we were unsuccessful this session, regulatory takings remains one of our top priorities, and we will be back with this bill next session.

Eminent Domain

One of the most controversial bills of the legislative session was HB 198, which expanded the eminent domain authority for public utilities. Our position is that landowners already have a diminished seat at the table in eminent domain negotiations, and this bill just makes a bad situation worse. The utilities were unwilling to compromise on the bill to give property owners a more equal footing, and we’ll be working in the next legislative session to try to remedy this situation.


Breaks Archery Permits & Fish, Wildlife, & Parks

Discussion of the punitive actions taken by the FWP Commission in central and eastern Montana permeated both the House and Senate Fish, Wildlife, and Parks committees. There were two bills seeking to return archery elk permits to 2007 levels and UPOM supported both. HB 361, carried by Rep. Washburn, was a top priority of the legislative session, and although we were able to successfully push it through the House, it was killed by a last minute, hostile opposition effort during the third reading vote in the Senate. Although HB 361 was defeated, the controversy this bill sparked among members of the legislature will not be soon forgotten and will give us greater traction in the future to come back next legislative session with even more support to correct the detrimental decision by the Commission in 2007 and continue our pursuit of relief for the property owners affected.

Private Property Assessment Act modifications

One of our successes this legislative session was the passage of SB 347, revising the Private Property Assessment Act. Prior to the passage of this bill, agencies conducting property assessments were held to a very low standard of accountability. Now, those agencies conducting property assessments are required to disclose the results of their assessments to the public. The bill also holds agencies accountable by giving an affected property owner standing to stop an agency motion if the assessment is not conducted.


2011 Legislative Report & Scorecard

Click here for our full report on property-rights legislative action in 2011, including scores for individual legislators based on their own votes.