badbills.com    2011 Session - MONTANA 

Bad Bill Bob's Commentary on HB406

                                                                                                                                                                                                                                                                                                                                                         
Across the country, property rights are under attack. This bill is one that                                                                                                                                                                                                                                                                                   
needs to be deep-sixed.                                                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                                                                              
Presently MT law allows the county commissioners to pass an interim zoning                                                                                                                                                                                                                                                                                    
district regulation IF an emergency exists. Creating an emergency zone under current                                                                                                                                                                                                                                                                          
MT law is done WITHOUT allowing a protest (different than the 40% in a normal zoning                                                                                                                                                                                                                                                                          
district). The existing interim zoning statute was designed for use ONLY IF AN EMERGENCY                                                                                                                                                                                                                                                                      
condition exists. In other words, there needs to be an emergency requiring                                                                                                                                                                                                                                                                                    
immediate regulations imposed by government officials (county commissioners). This                                                                                                                                                                                                                                                                            
allows 'police power' in setting up a zone district.                                                                                                                                                                                                                                                                                                          
                                                                                                                                                                                                                                                                                                                                                              
If passed, this bill would REMOVE the requirement of an emergency and allow                                                                                                                                                                                                                                                                                   
a majority vote of the county commissioners to create a zoning district                                                                                                                                                                                                                                                                                       
of ANY size WITHOUT ANY protest by or from property owners who would                                                                                                                                                                                                                                                                                          
be affected by the regulation.                                                                                                                                                                                                                                                                                                                                
                                                                                                                                                                                                                                                                                                                                                              
If this bill goes through, MT citizens will find themselves at the mercy                                                                                                                                                                                                                                                                                      
of the whims of government.