Interim study of aggregated tracts of land
The resolution emphasizes the need for clarity within the existing Montana statutes, as the current language may lead to conflicting interpretations that could result in litigation between property owners and local governments. By mandating the Legislative Council to assign relevant committees, the resolution encourages broad input from stakeholders, including industry representatives and local government officials, to ensure that any future statutory changes are informed and effective. This collaborative approach is intended to facilitate a comprehensive review before any recommendations are made to the 69th Legislature.
House Joint Resolution 21 (HJ21) is a legislative request aimed at initiating an interim study concerning the survey requirements for aggregated tracts of land. This resolution was introduced during the 68th Legislature and seeks to address complexities and potential ambiguities surrounding property law and land classification that have evolved since the Subdivision and Platting Act of 1973. The study aims to clarify the legal landscape regarding how previously aggregated parcels are recognized and whether certain boundary lines are officially considered removed when not depicted on a certificate of survey.
During previous sessions, particularly in the discussions around Senate Bill No. 319, testimony indicated that the topic of land aggregation was contentious, highlighting concerns from various parties about the potential implications of legislative adjustments to existing property laws. Some stakeholders advocate for changes that would protect their interests in land use and development, while others raise alarms about the costs and regulatory burdens of such amendments. Ultimately, HJ21 underscores the necessity for a nuanced exploration of these issues without rushing into legislative revisions that may inadequately address the complexities involved.