SB 142 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 142	MT	2023	R	Enforcement, Impact fees

Provided by Furman

Summary

This act revises local government impact fee laws. It requires impact fee collections to be accounted for in separate proprietary funds and restricted to the specific public facility for which the impact fee was collected. It allows for proceedings to be brought against a governmental entity.
Any person or entity who is owed refunded impact fees due to a violation of 7-6-1603 may request in writing from the governmental entity that prompt payment be concluded.
A person or entity who submitted a written request for an impact fee refund may bring a cause of action against the governmental entity in a court of competent jurisdiction for failure to comply.
If a claimant prevails in an action brought against a governmental entity pursuant to this subsection, the court shall award the claimant payment of all amounts due, court costs, expert witness fees, and attorney fees incurred by the claimant.
If the claimant is unsuccessful, the court shall award the governmental entity court costs, expert witness fees, and attorney fees.

Provided by lawmakers