Montana Moving To Limit Eminent Domain

The state legislature is moving to place explicit limits on local government's power to take private land in response to the 2005 U.S. Supreme Court's Kelo ruling.

1 minute read

March 15, 2007, 11:00 AM PDT

By Christian Madera @http://www.twitter.com/cpmadera


"Three bills are working their way through the Montana Legislature that would limit the circumstances under which government can take private property under eminent domain.

The bills, inspired by the 2005 U.S. Supreme Court's Kelo ruling, have found widespread support in an otherwise divisive session.

"I'm touchy about government overreaching its authority, and to take someone else's land because someone else will pay more taxes (on it) on it is a heinous reason," Sen. Jim Elliott, D-Trout Creek, said earlier in the session.

The U.S. Supreme Court in 2005's Kelo v. City of New London upheld a Connecticut Supreme Court ruling that determined such "takings" were legal. In the case, Susette Kelo's home stood in good shape but city officials condemned it to allow the transnational drug company Pfizer to build a research branch, which the city said would boost the local economy.

Montana courts have tended to favor private landholders in cases involving eminent domain, but the senators say their bills are necessary regardless."

Thursday, March 15, 2007 in New West

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

September 16, 2026 - Zachary Whalen

Passengers board an Amtrak train under a cloudy sky.

Amtrak, CN end decades-long dispute with eight-year agreement

The new operating agreement establishes an updated framework for the companies to work together, including processes to resolve disputes.

September 18, 2026 - Mass Transit

The Gross Reservoir, a large body of water surrounded by trees and mountains.

Judges permit Denver to divert 77,000 acre feet from the Colorado River for reservoir expansion

Overuse and climate change have caused the Colorado River’s water levels to plummet.

September 18, 2026 - Inside Climate News

A painted bus lane in NYC.

NYC DOT wants faster, more permanent street upgrades

The city is examining ways to build more concrete infrastructure without getting entangled in 'decades-long' projects.

September 21 - NYC Streetsblog

A woman looks at a utility bill.

'Something we’ve never seen before:' rising utility rates could strain city finances nationwide

Data centers, climate change and other factors have caused utility rates in the United States to increase by 38% since 2020.

September 21 - Smart Cities Dive

A person scuba diving in a coral reef off Guam.

Trump to overrule local leaders, lease millions of acres of America’s Pacific Island territories’ seafloors to mining companies

International law says that the Indigenous people of America’s territories have a right to prior and informed consent regarding projects that impact their countries.

September 21 - Grist