Montana 2023 Regular Session

Montana House Bill HB438

Introduced
2/7/23  
Refer
2/9/23  
Engrossed
2/27/23  
Refer
3/13/23  
Enrolled
4/13/23  

Caption

Revise public access agreement laws

Impact

By amending Section 87-1-295 of the Montana Code Annotated, HB 438 seeks to facilitate the establishment of public access land agreements. These agreements are essential for connecting private lands with public lands without the previous financial barriers. The removal of the application fee is expected to lead to an increase in the number of agreements and, subsequently, more access points for the public to enjoy Montana's natural resources. The immediate effect of this legislation upon passage suggests a proactive stance towards increasing public access rights in the state.

Summary

House Bill 438 aims to revise the laws related to public access land agreements in Montana. The bill specifically removes the application fee for proposing such agreements, which previously was set at $5. By eliminating this fee, the legislation intends to encourage more landowners to grant public access to their properties that lead to public lands. This approach is designed to enhance public access to recreational and wildlife areas, which has become a significant aspect of outdoor activities in Montana.

Sentiment

The sentiment surrounding HB 438 appears to be positive, reflecting a shared enthusiasm for enhancing public access to natural areas. Legislative discussions reveal a strong support base, with proponents arguing that the bill fosters connections between communities and outdoor spaces, promoting recreational opportunities. This aligns with public interests in wildlife conservation and recreational access, suggesting that the legislation is well-received among outdoor enthusiasts and environmental advocates.

Contention

There are likely minimal points of contention regarding HB 438, as the bill aims to remove financial barriers for landowners wishing to create public access points. However, as any change in land use can be contentious, there may be some concerns among landowners about the implications of granting public access to their properties. Additionally, discussions could arise about ensuring that landowners who enter into these agreements are sufficiently protected under state liability laws, ensuring a balance between public access and private property rights.

Companion Bills

No companion bills found.

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