HomeMy WebLinkAbout02-05-25 Public Comment - W. Swearingen - Please actively oppose SB 146From:Will Swearingen
To:Bozeman Public Comment
Subject:[EXTERNAL]Please actively oppose SB 146
Date:Wednesday, February 5, 2025 12:58:47 PM
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Mayor Cunningham and Commissioners,
I’m writing to encourage you to actively oppose SB 146, which is now advancingthrough the Legislature. This so-called “Private Property Protection Act” wouldpromote challenges to state or local government regulations (new or existing)pertaining to land-use planning, zoning, and subdivisions. Anyone could challengeany planning, zoning, or subdivision regulation that does not strictly pertain to publichealth or safety.
If challenged, the government entity would be required to prove that any existing orproposed regulation protects public health and safety. If it can’t fully prove this, thecourt is required to nullify the regulation, and the government entity must pay theattorney’s fees of the person who challenged the regulation.
Not only could this bill lead to elimination of important planning, zoning, andsubdivision regulations. It would also promote a tidal wave of litigation and greatlyincrease the city’s or county’s litigation costs. Citizens are already feeling the crush ofproperty taxes. This bill would likely significantly add to this tax burden.
I encourage you to get actively involved in opposing this highly damaging bill. All cityand county commissioners should testify in person against it and not just rely onlobbyists. The legislature needs to hear from city and county commissioners!
Respectfully,
Will Swearingen