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Legislature balancing private property rights against local government planning


The 2025 Legislature is currently debating Senate Bill 146, which aims to restrict local governments from imposing regulations on private property unless they pertain to the health and safety of citizens. Proponents argue that local governments are overstepping their bounds with regulations on issues like yard size and rental use, while opponents believe that local control is important due to the intimate knowledge that local governments have of their communities.

Sen. Becky Beard, the sponsor of the bill, claims that it is a necessary step to combat “onerous land use regulations” and protect property rights. However, critics argue that the bill is too broad and could hinder efforts to protect cultural sites and the environment. Micah Fields of the Montana chapter of Backcountry Hunters and Anglers cited examples from other areas where similar bills have led to negative consequences, such as pollution, suburban sprawl, and lack of affordable housing.

The American Indian Caucus also opposes the bill, stating that it would make it more difficult to preserve natural and cultural resources. The debate over SB 146 highlights the tensions between property rights and local government control. Emma White, a reporter with the UM Legislative News Service, can be contacted for further information on this issue.

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