76-2-114. Housing fees and dedication of real property prohibited. (1) A local governing body may not adopt a resolution under this part that includes a requirement to:

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Terms Used In Montana Code 76-2-114

  • Property: means real and personal property. See Montana Code 1-1-205
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205

(a)pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or

(b)dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices.

(2)A dedication of real property as prohibited in subsection (1)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.