badbills.com    2011 Session - MONTANA 

Bad Bill Bob's Commentary on HB523

                                                                                                                                                                                                                                                                                                                                                         
For landowners in Montana this bill presents a clear & present danger.                                                                                                                                                                                                                                                                                        
                                                                                                                                                                                                                                                                                                                                                              
Current MT law (and for many years), top-down zoning ('201') has always included                                                                                                                                                                                                                                                                              
an opportunity by those affected by the boundaries and regulations to be given a                                                                                                                                                                                                                                                                              
30 day protest period. Though short, it still has provided landowners the right                                                                                                                                                                                                                                                                               
to object to rules being placed upon their investment (property). If 40% of the                                                                                                                                                                                                                                                                               
freeholders filed protests (or owners of 50% of the ag and/or forest land), then the                                                                                                                                                                                                                                                                          
zoning proposal was tabled for one year.                                                                                                                                                                                                                                                                                                                      
                                                                                                                                                                                                                                                                                                                                                              
And now comes this bill. This bill is 'mob rule'. It adds language to the protest section                                                                                                                                                                                                                                                                     
(and a lot of language at that), that in the event that the protest succeeds, the county                                                                                                                                                                                                                                                                      
commissioners could present the issue to the voters in either the proposed district                                                                                                                                                                                                                                                                           
OR the entire county. In the even that the county commissioners did not do that, then                                                                                                                                                                                                                                                                         
a petition of only 15% of the citizens COUNTY-WIDE could put the vote to the people.                                                                                                                                                                                                                                                                          
                                                                                                                                                                                                                                                                                                                                                              
For years landowners have been suspicious of zoning and the possible draconian                                                                                                                                                                                                                                                                                
results if it was ever turned over to majority vote. For years, landowners have been                                                                                                                                                                                                                                                                          
lulled into the belief that any regs placed upon someone's land holdings would ONLY                                                                                                                                                                                                                                                                           
be done with some opportunity for the owners of said land to be heard.                                                                                                                                                                                                                                                                                        
                                                                                                                                                                                                                                                                                                                                                              
This bill vaporizes all promises and intent. If passed, this bill places a very real                                                                                                                                                                                                                                                                          
threat on private property ownership and the constitutional rights we have come to                                                                                                                                                                                                                                                                            
enjoy.