_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT establishing prima facie evidence of a regulatory taking for government actions related to natural resources; exempting ENFORCEMENT actions; AMENDING SECTION 2-10-112, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE and AN APPLICABILITY DATE."

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

Section 1. Section 2-10-112, MCA, is amended to read:

"2-10-112. Suit Remedies -- suit to invalidate state agency action -- regulatory taking compensation. (1) A state agency's adopted action is not valid unless the action was taken in compliance with 2-10-105. A private property owner affected by a state agency action taken without fulfilling the requirements of 2-10-105 may bring suit for a declaration of invalidity of the action.

(2)        A suit under this section subsections (1) through (3) must be filed in a court in the county in which the property owner's affected property is located. If the affected property is located in more than one county, the property owner may file suit in any county in which the affected property is located.

(3)        The court shall award a property owner who prevails in a suit under this section subsections (1) through (3) reasonable and necessary attorney fees and court costs.

(4)        (a) There is a presumption and prima facie evidence of a regulatory taking that is compensable pursuant to Article II, section 29, of the Montana constitution if:

(i)         there is a regulatory change made after a license, permit, or authorization is issued by the state pursuant to actions in Titles 75, 77, 80, 81, 82, or 87;

(ii)         the regulatory change damages a person's or business entity's property that is directly or financially connected to the permit, license, or authorization;

(iii)        the damages result in a diminution in the private property's fair market value of 25% or greater; and

(iv)        the property interests are owned by the claimant at the time of the regulatory change for which the taking is claimed. A business must have been authorized by law and must have been the owner or holder of the permit, license, or authorization at the time of the government action for which a regulatory taking is being claimed.

(b)        The enforcement of a license, permit, or authorization under state or federal law is not subject to the provisions of this subsection (4)."

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 3. Applicability. [This act] applies to government actions initiated on or after [the effective date of this act].