Montana 2023 Regular Session

Montana Senate Bill SB173

Introduced
1/12/23  
Refer
1/16/23  
Engrossed
1/26/23  
Refer
3/11/23  
Enrolled
4/7/23  

Caption

Revise county road abandonment process laws

Impact

The adoption of SB 173 could have significant implications for county governance in Montana, particularly in the way petitions for road alterations and abandonments are handled. The revised processes may streamline operations for county commissioners and improve the efficiency of decision-making regarding county roads. By emphasizing the distinction between property ownership and petitioning rights, the bill aligns more closely with current property law principles and acknowledges the interests of landowners directly affected by road decisions.

Summary

Senate Bill 173 aims to revise and clarify the laws surrounding the abandonment and vacation of county roads in Montana. The bill introduces updates to the petition process that county commissioners must follow to abandon or vacate a road, shifts references from 'freeholder' to 'real property owner' when discussing those eligible to petition for changes, and amends multiple sections of the Montana Code Annotated (MCA). This legislation is intended to provide a clearer framework for local governments to manage county roads more effectively and to address local needs surrounding road usage and maintenance.

Sentiment

The sentiment surrounding SB 173 appears to be generally positive among local government officials and real property owners. Supporters believe that the adjustments made to the petitioning process will enhance local control and allow for necessary changes to road management. However, some critics may argue that the bill does not adequately consider the diverse needs of different areas within the state, depending on their specific geographic and demographic contexts, as these factors can impact road usage patterns and local access issues.

Contention

While SB 173 has garnered support for its efforts to simplify the abandonment process, there are concerns regarding the potential for abuse if the petition process is perceived as too lenient. Some vested interests worry that the revisions may lead to unnecessary road closures or alterations that could disrupt access for residents, particularly in rural areas where certain roads may serve as vital access points to homes, businesses, and recreational areas. The bill ultimately reflects a balancing act between maintaining infrastructural integrity and accommodating the changing landscape of property development.

Companion Bills

No companion bills found.

Previously Filed As

MT HB486

Generally revise county road access laws

MT HB176

Revising county utility permitting laws

MT HB42

Revise laws related to highways and transportation for clarity and consistency

MT SB548

Eliminate government entity property tax levy limitations

MT HB938

Generally revise encroachment permit law

MT HB152

Revise laws related to professional and occupational licensure

MT SB519

Revise laws related to maximum mill levies

MT SB442

Allow marijuana tax revenue to be used for county road maintenance

MT SB556

Generally revise workers compensation laws

MT HB206

Generally revise mill levy election laws

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