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HB 499, Amending Conveyance Exemptions for Subdivision Regulations


Posted Date: 
February 21, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

Read the Bill:  HTML  |  PDF  |  Additional Information

This bill is one of three subdivision for lease or rent bills before the legislature.  This bill changes Section 76-3-204, which was one of the two statutes interpreted 2013 AG Opinion on subdivisions for lease or rent.  The bill provides an exemption that permanently exempts from further review as a rental or lease a building that is in existence or under contraction on the effective date of the act that is rented or leased.  The building is subject to DEQ review. 

Representative Hill, the sponsor of the bill, stated that this bill was in response to the 2013 AG Opinion and creates a “grandfather clause.”  “Grandfather clause” has a specific meaning under the law and is illegal as an ex post facto law which changes the status of the properties retroactively.  This bill creates a new exemption. 

Proponents of the bill included Champ Edmunds, Suzanne Miller, MARs and Chris Smith.  MACo opposed and proposed an amendment to Section 3 that clarified the language.  Other opponents included MEIC and Lewis and Clark County.  There were no questions on the bill.

Executive action was also taken, and the bill was amended as suggested by MACo and passed by the Committee.

Additional Information: 
  • Heard before Senate Local Government on February 21, 2013
  • Executive Action:  Amended as suggested by MACo & passed out of Committee
  • MACo Executive Committee Recommendation – Oppose
Tara DePuy | 406.223.1803 | attorney@riverworks.net