Senate Bill No. [number] proposes amendments to the Montana Code Annotated (MCA) regarding the ability of governing bodies to participate in legal proceedings related to subdivision applications. The bill allows governing bodies to file amicus briefs and intervene in district court actions that challenge subdivision applications. Specifically, it introduces provisions that require courts to invite governing bodies to participate as amicus curiae before issuing orders that interpret relevant statutes. Additionally, it permits nonparties who file amicus briefs to intervene in cases and seek a stay of the court's order pending appeal.

The bill amends Sections 76-3-625 and 76-25-503 of the MCA, with notable insertions that enhance the role of governing bodies in legal challenges. For instance, the court must allow sufficient time for governing bodies to file amicus briefs and grants them the right to intervene after an order interpreting a statute is issued. Furthermore, the bill clarifies that a person cannot challenge a land use decision in district court until they have exhausted their administrative appeal process. These changes aim to ensure that governing bodies have a formal mechanism to participate in legal proceedings that may affect their jurisdiction and regulatory authority.

Statutes affected:
LC Text: 76-3-625, 76-25-503
SB0239_1(1): 76-3-625, 76-25-503
SB0239_1(2): 76-3-625, 76-25-503
SB0239_1: 76-3-625, 76-25-503