Montana Code 2-10-102. Purpose

2-10-102. Purpose. It is the policy of this state that a person may not be deprived of the use of private property without due process of law and that private property may not be taken or damaged by a state agency without prior just compensation to the owner in accordance with the meaning ascribed to these concepts by the United States supreme court and the Montana supreme court. An assessment of each state agency action with taking or damaging implications is needed to avoid imposing expensive litigation burdens on citizens and to minimize the risk of unanticipated demands on the state’s fiscal resources. The purpose of this part is to establish an orderly and consistent process that better enables state agencies to evaluate whether an action with taking or damaging implications might result in the taking or damaging of private property. It is not the purpose of this part to expand or diminish the private property protections provided in the federal and state constitutions.

Terms Used In Montana Code 2-10-102

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. See Montana Code 2-10-103
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
Private property: means all real property, including but not limited to water rights. See Montana Code 2-10-103
Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
Property: means real and personal property. See Montana Code 1-1-205
State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
State agency: means an officer, board, commission, department, or other entity within the executive branch of state government. See Montana Code 2-10-103
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. See Montana Code 2-10-103
United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

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