Montana legislation · 2025 Regular Session
Montana SB146: Creating the private property protection act
Status: Failed, May 23, 2025
What the bill says
A bill for an act providing private property protections; providing that governmental actions may not restrict the use of private property unless the action fulfills a compelling governmental interest in public health or safety; providing for a cause of action and a statute of limitation; and providing an immediate effective date and an applicability date.".
From the engrossed text:
A BILL FOR AN ACT PROVIDING PRIVATE PROPERTY PROTECTIONS; PROVIDING THAT GOVERNMENTAL ACTIONS MAY NOT RESTRICT THE USE OF PRIVATE PROPERTY UNLESS THE ACTION FULFILLS A COMPELLING GOVERNMENTAL INTEREST IN PUBLIC HEALTH OR SAFETY; PROVIDING FOR A CAUSE OF ACTION AND A STATUTE OF LIMITATION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE." WHEREAS, Article II, section 3, of the Montana Constitution provides that all persons are born free with certain inalienable rights, including the right of "acquiring, possessing and protecting property"; and WHEREAS, the Montana Legislature recognizes that government increasingly relies on regulations that consume or otherwise negatively impact the use of private property; and WHEREAS, the Montana Legislature is the proper branch of government to establish policies and principles related to property within the context of the provisions provided in Article II, section 3, of the Montana Constitution. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Short title. [Sections 1 through 5 6] may be cited as the "Private Property Protection Act". NEW SECTION. Section 2. Findings and intent. (1) The legislature has the highest interest in vindicating and protecting private property rights. (2) The legislature finds that the constitutional right to acquire, possess, and protect property under Article II, section 3, of the Montana constitution also embodies the …
Sponsors
- Beard, Becky (R, 38) · primary sponsor
Latest actions
- : (S) Died in Process
- : (S) Missed Deadline for General Bill Transmittal
- : (S) Reconsidered Previous Action
- : (S) 2nd Reading Indefinitely Postponed
- : (S) 2nd Reading
- : (S) Scheduled for 2nd Reading
- : (S) Committee Report
- : (S) Committee Executive Action
- : (S) Hearing
- : (S) Referred to Committee
Votes
- ReconsAction -Beard (February 14, 2025): 25 yea, 25 nay, failed
- Indefinitely Postpone -McGillvray (February 13, 2025): 29 yea, 21 nay, passed
- Do Pass (February 13, 2025): 24 yea, 26 nay, failed
Subjects: Property, Courts, Environmental Protection, Planning, Local Government
Common questions
- What is SB146?
- SB146 is a bill in the Montana Legislature (2025 Regular Session): Creating the private property protection act.
- What does SB146 do?
- In its own words: A bill for an act providing private property protections; providing that governmental actions may not restrict the use of private property unless the action fulfills a compelling governmental interest in public health or safety; providing for a cause of action and a statute of limitation; and providing an immediate effective date and an applicability date.".
- What is the status of SB146?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB146?
- Beard, Becky (R, 38).
- Where is the official record for SB146?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0975
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.