All Roll Calls
Yes: 326 • No: 216
MontanaHB 79169th Legislature, Regular Session (2025)HouseWALLET
Generally revise nuisance laws
Sponsored By: Anthony Nicastro (Republican)
Became Law
PropertyCourtsLiabilityRemedies
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 5 benefits, 2 costs, 2 mixed.
Long-running farms shielded from nuisance claims
If your farm was operating before a neighbor or nearby business, normal farm work is not a nuisance. This protects long‑running farms from new nuisance claims when the area changes.
New rules for private nuisance cases
You can sue for private nuisance if your property is harmed or your enjoyment is lessened. A defendant is liable only if they or their agent proximately caused it, but an owner or controller of the property with the nuisance can be liable when the wrongdoer cannot be sued or pay. Courts can stop the nuisance, award resources clearly needed to abate it, and award damages for harm. In an emergency, you may remove or destroy the thing causing it without breaching the peace, and give reasonable notice before entering someone’s land if the nuisance is from an omission. Government‑authorized actions and shooting‑range noise during set hours are not private nuisances.
Tighter limits on government nuisance suits
A government can sue only for a nuisance within its jurisdiction. Spending money to respond does not by itself allow a suit. Courts can order criminal charges, injunctions, and abatement resources proven clearly necessary, and any money must be spent to fix the nuisance. Governments cannot get damages or future, speculative abatement costs. The law keeps authority to order people off public rights‑of‑way like highways, parks, and navigable waters.
Property buyers must fix ongoing nuisances
If you buy property with a continuing public nuisance, you must abate it. If you do not, you face the same liability as the person who created it.
New nuisance code starts October 2025
The state replaces old nuisance statutes and ends common‑law nuisance rules. The new chapter governs instead. It applies to causes of action that start on or after October 1, 2025. Older cases stay under the prior law.
New definition and limits on public nuisance
The law narrows what counts as a public nuisance. It excludes lawful or government‑approved conduct and common product sales, and requires proof of proximate cause. “Unlawfully interferes” means breaking a law, permit, or rule. Public nuisance is not strict liability. But an obstruction of public rights never becomes legal just because it lasted a long time.
Opioid cases by state carved out
Starting October 1, 2025, this chapter does not apply to opioid cases the Montana Department of Justice files within four years. Other government entities may join those cases only with the attorney general’s consent.
Who can abate a public nuisance
Public bodies and authorized officers can abate a public nuisance. A person specially harmed may remove or destroy the thing causing it. You must not breach the peace or cause unnecessary injury when acting.
Private public-nuisance suits face tighter rules
You can bring a public‑nuisance case only if you have a special injury different in kind from the public’s. You must prove it by clear and convincing evidence. You can recover only compensatory damages for that special injury. Class actions by private people are banned. Money you spend to seek an injunction does not count as a special injury. Injuries based only on spiritual, cultural, or emotional significance do not qualify.
Sponsors & Cosponsors
Sponsor
Anthony Nicastro
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/18/2025
Do Concur
Yes: 58 • No: 41
House vote • 4/17/2025
Do Concur
Yes: 75 • No: 24
House vote • 4/12/2025
Do Concur
Yes: 32 • No: 18
House vote • 4/11/2025
AMD-HB0791.002.003 Olsen D/PASS
Yes: 22 • No: 26
House vote • 4/11/2025
Do Concur
Yes: 25 • No: 23
House vote • 3/7/2025
Do Pass
Yes: 57 • No: 42
House vote • 3/6/2025
Do Pass
Yes: 57 • No: 42
Actions Timeline
Chapter Number Assigned
5/13/2025HouseSigned by Governor
5/8/2025HouseTransmitted to Governor
5/1/2025HouseSigned by President
5/1/2025SenateSigned by Speaker
4/29/2025HouseReturned from Enrolling
4/21/2025HouseSent to Enrolling
4/18/2025House3rd Reading Passed as Amended by Senate
4/18/2025House2nd Reading Senate Amendments Concurred
4/17/2025HouseReturned to House with Amendments
4/12/2025Senate3rd Reading Concurred
4/12/2025Senate2nd Reading Concurred
4/11/2025Senate2nd Reading Motion to Amend Failed
4/11/2025SenateCommittee Report--Bill Concurred as Amended
4/9/2025SenateCommittee Executive Action--Bill Concurred as Amended
4/9/2025SenateHearing
3/30/2025SenateReferred to Committee
3/19/2025SenateFirst Reading
3/14/2025SenateTransmitted to Senate
3/7/2025House3rd Reading Passed
3/7/2025House2nd Reading Passed
3/6/2025HouseCommittee Report--Bill Passed
3/4/2025HouseCommittee Executive Action--Bill Passed
3/4/2025HouseFiscal Note Printed
3/3/2025HouseFiscal Note Unsigned
3/3/2025House
Bill Text
Enrolled
4/21/2025
As Amended (Version 2)
4/9/2025
Introduced
2/26/2025