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MontanaHB 79169th Legislature, Regular Session (2025)House

Generally revise nuisance laws

Sponsored By: Anthony Nicastro (Republican)

Signed by Governor

PropertyCourtsLiabilityRemedies

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 1 costs, 4 mixed.

More activities shielded from nuisance suits

Actions that are lawful or done under a government permit or order are not nuisances. Selling or making products, including firearms and ammunition, is not a public nuisance. Farms that were operating before new neighbors or businesses are protected. Shooting range noise during posted hours is not a nuisance. Claims based only on spiritual, cultural, or emotional harm to public places are not public nuisances.

Opioid lawsuits by state are exempt

This law does not apply to opioid actions the Montana Department of Justice files within four years from October 1, 2025. Other government entities may join with the attorney general’s consent. The exemption runs through October 1, 2029.

Stricter rules for private public-nuisance suits

You can sue for a public nuisance only if you have a special injury. It must be different in kind from the public’s harm and proven by clear and convincing evidence. You can get only compensatory damages for that special injury. No class actions are allowed. Spiritual, cultural, or emotional harm to public places does not count as a special injury. Spending money on an injunction does not create standing. You also cannot combine many private harms into one public-nuisance case.

Private nuisance claims and remedies clarified

You may sue for a private nuisance if your property is harmed or your enjoyment is lessened. You can sue the person who proximately caused it or their agent. If they are unavailable or cannot pay, the owner or controller of the property with the nuisance can be liable. Courts can issue an injunction, award only quantifiable abatement resources proved by clear and convincing evidence, and award damages caused by the nuisance. Any awarded resources must be spent to fix the nuisance. In an emergency, you may remove or destroy the thing causing the nuisance if you do not breach the peace; give reasonable notice before entering land to fix an omission.

Who is liable for public nuisances

Only people who proximately caused a public nuisance when it was created, or who directed or controlled that conduct, are liable. New owners who buy a property with a continuing public nuisance and do nothing to fix it can be held liable like the original creator.

Government nuisance powers narrow to abatement

In government nuisance cases, remedies are limited to criminal charges, court orders to stop the unlawful conduct, and proven, quantifiable abatement costs. Courts cannot award damages or costs to stop a possible future nuisance. Any abatement resources must be spent to fix the nuisance. The law defines which public bodies count as government entities. Governments keep power to order people to leave rights-of-way and other public places. A government officer may abate a public nuisance, and a person with a special injury may abate it without breaching the peace or causing unnecessary injury.

New definitions and timeline for nuisances

The law rewrites what counts as a public nuisance. It focuses on property conditions and blocking use of public places. Breaking a statute, rule, permit, or order counts as “unlawful” interference, even if the rule was issued before or after this law. The statute replaces any older common-law rules that conflict and repeals earlier nuisance codes. These rules apply to claims that start on or after October 1, 2025.

Sponsors & Cosponsors

Sponsor

  • Anthony Nicastro

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 327 • No: 218

House vote • 4/18/2025

Do Concur

Yes: 58 • No: 41

House vote • 4/17/2025

Do Concur

Yes: 75 • No: 25

Senate vote • 4/12/2025

Do Concur

Yes: 32 • No: 18

Senate vote • 4/11/2025

Do Concur

Yes: 26 • No: 23

Senate vote • 4/11/2025

AMD-HB0791.002.003 Olsen D/PASS

Yes: 22 • No: 27

House vote • 3/7/2025

Do Pass

Yes: 57 • No: 42

House vote • 3/6/2025

Do Pass

Yes: 57 • No: 42

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025House

  2. Signed by Governor

    5/8/2025House

  3. Transmitted to Governor

    5/1/2025House

  4. Signed by President

    5/1/2025Senate

  5. Signed by Speaker

    4/29/2025House

  6. Returned from Enrolling

    4/21/2025House

  7. Sent to Enrolling

    4/18/2025House

  8. 3rd Reading Senate Amendments

    4/18/2025House

  9. 2nd Reading Senate Amendments

    4/17/2025House

  10. Returned to House with Amendments

    4/12/2025Senate

  11. 3rd Reading

    4/12/2025Senate

  12. 2nd Reading

    4/11/2025Senate

  13. 2nd Reading Motion to Amend

    4/11/2025Senate

  14. Committee Report

    4/9/2025Senate

  15. Committee Executive Action

    4/9/2025Senate

  16. Hearing

    3/30/2025Senate

  17. Referred to Committee

    3/19/2025Senate

  18. 1st Reading

    3/14/2025Senate

  19. Transmitted to Senate

    3/7/2025House

  20. 3rd Reading

    3/7/2025House

  21. 2nd Reading

    3/6/2025House

  22. Committee Report

    3/4/2025House

  23. Committee Executive Action

    3/4/2025House

  24. Fiscal Note Printed

    3/3/2025House

  25. Fiscal Note Unsigned

    3/3/2025House

Bill Text

  • Enrolled

    4/21/2025

    PDF

  • As Amended (Version 2)

    4/9/2025

    PDF

  • Introduced

    2/26/2025

    PDF

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