MONTANA ENVIRONMENTAL INFORMATION CENTER
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f the 2021 Legislative Session had to be However, it included an exemption for State laws described in one word, it would be “takings.” and regulations if they were necessary to protect Not only is the legislature taking away public health, safety, and welfare, provisions that your right to free speech, privacy, assembly, are not included in SB 260. participation, and a clean and healthful In 2013, it was projected that the bill would environment, it wants to take even more. It wants cost Montana $600 million over a six-year period. to take away protections for grizzly bears, wolves, Although the 2013 bill had a 10% compensation sage grouse, and bison. And it wants to radically threshold for the State, it only applied to real expand the meaning of “takings” under the property, a far narrower definition of property Montana Constitution. This than is included in SB 260. expansion of the definition And unlike the 2013 bill, SB of takings is what makes SB 260 provides no exception 260 (Sen. Steve Fitzpatrick, for government regulations R-Great Falls) the most that are necessary to protect worrisome bill of the session. public health, safety, and SB 260 would greatly we l f a r e . G ove r n m en t s expand on the provision in must be able to protect all the Montana Constitution people, including those that already requires a who live downwind or government body to pay downstream from a project by Anne Hedges a property owner for lost or are concerned about their property values whenever a government own property values or well-being. action takes away the entire value of that person’s Takings proposals such as SB 260 turn that property, such as when a road is built on their idea on its head and would force governments land. SB 260 drastically changes that. Currently, to pay whenever a regulation prevents someone the constitution requires a government body from doing something, even if the proposed to pay a property owner when a regulation action would harm others. Because of this broad eliminates all of value of their property. SB 260 application, it is likely to cost the State far more would require the state to pay whenever a state than $600 million. action of diminishes the value of property by To compound the problems even further, SB as little as 25%. 260 defines property so broadly that it includes This isn’t the first time we’ve seen such a far more than just land. It also includes: stocks, takings bill. In 2013, a similar bill failed to pass. bonds, business brands, credit, intellectual property, perceived financial stability of a company, property fixtures, personal property or appurtenances, water rights, permits, domestic animals, all obligations, labor, business licenses, all types of property associated with business licenses, and a host of other types of property. Governments would be prohibited under SB 260 from imposing limitations on any of these types of property, or they could be sued and forced to pay the property owner, regardless of the need to protect other people’s health, property, well-being, or the environment.
The Legislative Session in One Word?
Takings
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Protecting Montana’s natural environment since 1973 .
