Montana § 2-10-103 Definitions

Montana Statutes

§ 2-10-103 — Definitions

Montana·Title 2 GOVERNMENT STRUCTURE AND ADMINISTRATION·Ch. 10 STATE AGENCY ACTIONS AFFECTING PRIVATE PROPERTY·Part 1 Private Property Assessment Act

2-10-103 . Definitions. As used in this part, the following definitions apply:

(1)"Action with taking or damaging implications" means a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution. It does not include:

(a)proposed eminent domain proceedings;

(b)a proposed seizure of property by law enforcement officials as evidence or under a state forfeiture statute;

(c)a proposed forfeiture of property during or as a result of criminal proceedings; or

(d)a proposal to repeal a rule, discontinue a government program, or implement a proposed change that

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2-10-103 . Definitions. As used in this part, the following definitions apply:
(1) "Action with taking or damaging implications" means a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution. It does not include:
(a) proposed eminent domain proceedings;
(b) a proposed seizure of property by law enforcement officials as evidence or under a state forfeiture statute;
(c) a proposed forfeiture of property during or as a result of criminal proceedings; or
(d) a proposal to repeal a rule, discontinue a government program, or implement a proposed change that has the effect of reducing regulation of private property.
(2) "Private property" means all real property, including but not limited to water rights.
(3) "State agency" means an officer, board, commission, department, or other entity within the executive branch of state government.
(4) "Taking or damaging" means depriving a property owner of private property in a manner requiring compensation under the 5th and 14th amendments to the constitution of the United States or Article II, section 29, of the Montana constitution.

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