House Bill No. introduced by G. Overstreet and J. Hinkle proposes a new legal framework for property tax refunds in cases where local governments fail to address public nuisances. Property owners can apply for a refund if their city or county adopts a policy that neglects to enforce laws against issues such as illegal camping or public urination, or if a public nuisance is maintained that affects their property. The refund amount will be based on documented expenses incurred by the property owner to mitigate these nuisances, capped at the amount of property taxes paid in the previous year. The bill outlines a procedure for application and approval, including timelines for local government responses and the potential for judicial review if a refund is rejected.

Additionally, the bill amends Section 17-7-502 of the Montana Code Annotated to include a statutory appropriation for the refunds issued under this new section. This means that the refunds will be funded without needing a biennial legislative appropriation, streamlining the process for property owners seeking compensation. The bill also clarifies that property owners can apply for refunds annually and that the remedy provided does not replace other legal remedies available under state or federal law. The new section is intended to be codified as part of Title 15, chapter 16 of the Montana Code.

Statutes affected:
LC Text: 17-7-502
HB0905_1(1): 17-7-502
HB0905_1: 17-7-502