# Montana HB 791: Generally revise nuisance laws Montana HB 791, Generally revise nuisance laws, is a 69th Legislature, Regular Session (2025) House bill sponsored by Anthony Nicastro (Republican); status signed, last action 2025-05-13 (Chapter Number Assigned) (as of 2026-10-19). - Canonical: https://policyrisk.com/state-bill/MT-HB791-2025 - As of: 2026-10-19 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Montana HB 791 - State: Montana - Session: 69th Legislature, Regular Session (2025) - Title: Generally revise nuisance laws - Status: signed - Chamber: House - Introduced: 2025-02-26 - Last action: 2025-05-13, Chapter Number Assigned - Sponsor: Anthony Nicastro (Republican) - Cosponsors: 0 - Subjects: Property, Courts, Liability, Remedies - Touches household money: no - Roll calls: 7 (327 yes, 218 no in all) - Economic provisions PRIA read: 7 ## Summary No summary available. ## Bill overview: provisions PRIA read - More activities shielded from nuisance suits: benefit, medium. 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… - Opioid lawsuits by state are exempt: benefit, medium. 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: cost, medium. 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 t… - Private nuisance claims and remedies clarified: mixed, medium. 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 injunctio… - Who is liable for public nuisances: mixed, medium. 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: mixed, medium. 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 de… - New definitions and timeline for nuisances: mixed, medium. 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… ## Sponsors and cosponsors - Sponsor: Anthony Nicastro (Republican), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-04-18 | House | Do Concur | pass | 58 | 41 | | | 2025-04-17 | House | Do Concur | pass | 75 | 25 | | | 2025-04-12 | Senate | Do Concur | pass | 32 | 18 | | | 2025-04-11 | Senate | Do Concur | pass | 26 | 23 | | | 2025-04-11 | Senate | AMD-HB0791.002.003 Olsen D/PASS | fail | 22 | 27 | | | 2025-03-07 | House | Do Pass | pass | 57 | 42 | | | 2025-03-06 | House | Do Pass | pass | 57 | 42 | | ## Actions (32) - 2025-05-13: Chapter Number Assigned (House) - 2025-05-08: Signed by Governor (House) - 2025-05-01: Transmitted to Governor (House) - 2025-05-01: Signed by President (Senate) - 2025-04-29: Signed by Speaker (House) - 2025-04-21: Returned from Enrolling (House) - 2025-04-18: Sent to Enrolling (House) - 2025-04-18: 3rd Reading Senate Amendments (House) - 2025-04-17: 2nd Reading Senate Amendments (House) - 2025-04-12: Returned to House with Amendments (Senate) - 2025-04-12: 3rd Reading (Senate) - 2025-04-11: 2nd Reading (Senate) - 2025-04-11: 2nd Reading Motion to Amend (Senate) - 2025-04-09: Committee Report (Senate) - 2025-04-09: Committee Executive Action (Senate) - 2025-03-30: Hearing (Senate) - 2025-03-19: Referred to Committee (Senate) - 2025-03-14: 1st Reading (Senate) - 2025-03-07: Transmitted to Senate (House) - 2025-03-07: 3rd Reading (House) - 2025-03-06: 2nd Reading (House) - 2025-03-04: Committee Report (House) - 2025-03-04: Committee Executive Action (House) - 2025-03-03: Fiscal Note Printed (House) - 2025-03-03: Fiscal Note Unsigned (House) - 2025-03-03: Fiscal Note Received (House) - 2025-03-03: Hearing (House) - 2025-02-28: Hearing (House) - 2025-02-26: 1st Reading (House) - 2025-02-26: Referred to Committee (House) - 2025-02-26: Fiscal Note Requested (House) - 2025-02-26: Introduced (House) ## Bill text - Enrolled, 2025-04-21: [PDF](https://docs.legmt.gov/download-ticket?ticketId=087c8728-2e2b-4b89-bf95-034ab7938cf6) - As Amended (Version 2), 2025-04-09: [PDF](https://docs.legmt.gov/download-ticket?ticketId=bcc02156-1303-4b7f-9a26-e73f1c7e0ee7) - Introduced, 2025-02-26: [PDF](https://docs.legmt.gov/download-ticket?ticketId=fd220ece-ed88-4261-af24-33d0b81f87e7) ## Related bills - SB 437: Revise definition of sex in Montana law (signed) - HB 831: Increase elderly homeowner and renter income tax credit (vetoed) - HB 628: Revise early literacy targeted intervention laws (vetoed) - SB 410: Provide for Montana genomic security act (vetoed) - SB 424: Revising the disabled veteran property tax assistance program (vetoed) - SB 422: Generally revise laws relating to insurance coverage relating to cancer (vetoed) ## Sources - [Enrolled (PDF)](https://docs.legmt.gov/download-ticket?ticketId=087c8728-2e2b-4b89-bf95-034ab7938cf6) - [As Amended (Version 2) (PDF)](https://docs.legmt.gov/download-ticket?ticketId=bcc02156-1303-4b7f-9a26-e73f1c7e0ee7) - [Introduced (PDF)](https://docs.legmt.gov/download-ticket?ticketId=fd220ece-ed88-4261-af24-33d0b81f87e7) ## Related - [SB 437: Revise definition of sex in Montana law](https://policyrisk.com/state-bill/MT-SB437-2025) - [HB 831: Increase elderly homeowner and renter income tax credit](https://policyrisk.com/state-bill/MT-HB831-2025) - [HB 628: Revise early literacy targeted intervention laws](https://policyrisk.com/state-bill/MT-HB628-2025) - [SB 410: Provide for Montana genomic security act](https://policyrisk.com/state-bill/MT-SB410-2025) - [SB 424: Revising the disabled veteran property tax assistance program](https://policyrisk.com/state-bill/MT-SB424-2025) - [SB 422: Generally revise laws relating to insurance coverage relating to cancer](https://policyrisk.com/state-bill/MT-SB422-2025) - [Montana bills](https://policyrisk.com/states/montana/bills) - [Montana state hub](https://policyrisk.com/states/montana) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/MT-HB791-2025 (as of 2026-10-19).