MT SB146

Government property use restrictions under Title 76 (land use planning, zoning, subdivisions) must be demonstrably necessary and narrowly tailored to fulfill a compelling governmental interest that cannot be achieved through less restrictive means

Property owners may sue to challenge restrictions, with the burden on the government to prove the restriction meets the compelling interest standard; prevailing plaintiffs receive permanent injunctions plus attorney fees and costs

Exceptions include nuisance abatement, enforcement of existing permits/licenses, final judicial determinations, tribal government actions, and private restrictive covenants not required by government

5-year statute of limitations from when the property owner becomes aware or reasonably should have become aware of the cause of action

Effective immediately upon passage and applies only to property use restrictions established after the effective date