SENATE BILL NO. 180

INTRODUCED BY J. HERTEL

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING COUNTY COMMISSIONERS TO HOLD A PUBLIC HEARING TO REVIEW THE POTENTIAL EFFECTS OF AN ACQUISITION OR DISPOSITION OF REAL PROPERTY WITHIN THE COUNTY BY AN AGENCY OF THE FEDERAL GOVERNMENT; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. County commissioner hearings on federal agency real property acquisitions or dispositions. (1) When an agency of the federal government proposes to dispose of real property or to acquire an interest in real property held by a private entity within this state by purchase, exchange, conservation easement, or deed restriction, the county commissioners of the county or of each county in which the real property is located shall, after giving notice as provided in 7-1-2121, hold a public meeting on the proposed acquisition or disposition prior to finalization of the acquisition or disposition.

(2) In conducting the hearing required in subsection (1), the county commissioners shall allow any person or entity to comment on the impact of the proposed acquisition or disposition. After the hearing, the county commissioners shall review the potential impact of the acquisition or disposition on the county. In conducting the review, the county commissioners shall consider any effect that the proposed acquisition or disposition may have on:

(a) the tax base of the county;

(b) adjoining landowners;

(c) community economics and social stability;

(d) county plans or planning efforts within the county; and

(e) any other factors considered appropriate.

(3) Prior to the finalization of the acquisition or disposition, the county commissioners shall present to the federal agency proposing the acquisition or disposition a summary report of the public hearing comments and any review of the potential effects of the proposed acquisition or disposition.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 7, chapter 5, part 21, and the provisions of Title 7, chapter 5, part 21, apply to [section 1].

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.

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