Montana Code 76-9-105. Closure of shooting ranges — limitations — relocation cost
76-9-105. Closure of shooting ranges — limitations — relocation cost. (1) Except as provided in subsection (2), an established shooting range may not be prevented from operation by a state agency, unit of local government, or court unless the range presents a clear and provable safety hazard to the adjacent population.
Terms Used In Montana Code 76-9-105
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)If a pressing public need exists because of incompatibility with nearby population or land use, an established shooting range may be relocated by an agency of state government, unit of local government, or court, but only if all of the following conditions are met:
(a)pressing public need is documented through hearings, testimony, and a clear and precise statement of need by the agency, unit of local government, or court involved;
(b)the agency or unit of local government obtaining the closure pays the appraised cost of the land together with improvements to the operators of the shooting range. In return the shooting range operators shall relinquish their interest in the property to the agency or unit of local government obtaining the closure.
(3)If a shooting range presents a clear and provable safety hazard to adjacent population, the range may be suspended from operation if:
(a)reasonable notice and opportunity to respond are afforded the range operators; and
(b)reasonable opportunity is afforded the range operators to correct any safety defects.