Friday, January 18, 2013

HB 246

Kerry White
Revise conservation easement laws


  1. A bill increasing government authority and limiting conservation easements.

    Recommend oppose.
    This bill inserts local government into private land transactions between a willing seller and buyer; reduces private property rights; and transforms Growth Policies into regulatory tools.

    Patrick O'Herren
    Chief Planning Officer
    Missoula County Community and Planning Services

  2. This bill was amended in the draft stages. It requires local government review and approval of any conservation easement and makes the Growth Policy (GP) a regulatory document relative to such easements. A conservation easement could not be filed if local government finds the easement contradictory to the GP, zoning, CIPs or "other" regulations. The bill solves no problem, unnecessarily diminishes private property rights, and inserts government into private land transactions.
    -Patrick O'Herren


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