A BILL FOR AN ACT ENTITLED: "AN ACT generally revising laws related to mobile home parks; allowing a resident organization to petition a local governing body for the condemnation of a mobile home park; revising allowed uses of eminent domain to preserve affordable housing options, including mobile home parks; and AMENDING SECTION 70-30-102, MCA."
NEW SECTION. Section 1. Petition to obtain park -- resident-owned community. (1) If the residents of a mobile home park experience rent increases significantly above the consumer price index, charges for services previously included in the lot rent, onerous restrictions on activities or possessions, a lack of park maintenance, a proposed change in land use, or other activities that reduce the quality of life or value of mobile homes in the mobile home park, the residents may petition the local governing body to condemn the mobile home park to preserve affordable housing.
(2) The local governing body may move to acquire by condemnation the mobile home park as allowed in 7-5-4106 if at least 60% of the owners of mobile homes located within the mobile home park sign a petition pursuant to subsection (3). If the local governing body moves to condemn the mobile home park, the property must be disposed of as provided in subsection (4).
(4) If the resident-owned community has secured necessary financing or funding to operate the park, the local governing body shall return ownership of the mobile home park to the resident-owned community when the mobile home park is acquired by condemnation as provided in subsection (2).
(5) As used in this section, "resident-owned community" means a nonprofit cooperative consisting of each mobile home owner residing in the mobile home park who own an equal share of the land within the boundaries of the mobile home park and manage the park collectively.
(12) urban renewal projects as provided in Title 7, chapter 15, parts 42 and 43, except that private property may be acquired for urban renewal through eminent domain only if the property is determined to be a blighted area, as defined in 7-15-4206(2)(a), (2)(h), (2)(k), or (2)(n), and may not be acquired for urban renewal through eminent domain if the purpose of the project is to increase government tax revenue;
(35) an occupancy in common by the owners or the possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines, mills, or smelters for reduction of ores and sites for reservoirs necessary for collecting and storing water for the mines, mills, or smelters. However, the reservoir sites must possess a public use demonstrable to the district court as the highest and best use of the land.
(37) telephone or electrical energy lines, except that local government entities as defined in 2-7-501, municipal utilities, or competitive electricity suppliers may not use this chapter to acquire existing telephone or electrical energy lines and appurtenant facilities owned by a public utility or cooperative for the purpose of transmitting or distributing electricity or providing telecommunications services;
(42) temporary logging roads and banking grounds for the transportation of logs and timber products to public streams, lakes, mills, railroads, or highways for a time that the court or judge may determine. However, the grounds of state institutions may not be used for this purpose.
(44) projects to mine and extract ores, metals, or minerals owned by the condemnor located beneath or upon the surface of property where the title to the surface vests in others. However, the use of the surface of property for strip mining or open-pit mining of coal (i.e., any mining method or process in which the strata or overburden is removed or displaced in order to extract the coal) is not a public use, and eminent domain may not be exercised for this purpose.
(45) projects to restore and reclaim lands that were strip-mined or underground-mined for coal and not reclaimed in accordance with Title 82, chapter 4, part 2, and to abate or control adverse effects of strip or underground mining on those lands. lands; and
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 70, chapter 33, part 3, and the provisions of Title 70, chapter 33, part 3, apply to [section 1].
New language in a bill appears underlined, deleted material appears stricken.
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See the status of this bill for the bill's primary sponsor.
Prepared by Montana Legislative Services