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LC 900

Revising laws on the use of eminent domain related to carbon capture projects

2025 Regular Session

Montana bill to expand eminent domain authority for carbon capture projects died in legislative process after remaining stalled since November 2024.

(LC) Draft Died in Process
#environmentalprotection #property
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Bill Summary · LC 900

Legislative bill overview

LC 900 would modify Montana's eminent domain laws specifically to facilitate carbon capture projects. The bill appears designed to streamline or expand the government's ability to acquire private land for carbon capture infrastructure development. As of the most recent action, the draft died in the legislative process in May 2025.

Why is this important

Eminent domain—the government's power to seize private property for public use—is a contentious issue that directly affects property owners' rights and land control. Revising these laws for carbon capture could either accelerate climate-related infrastructure development or create new pathways for property seizure that property rights advocates view as overreach, depending on the specific provisions.

Potential points of contention

  • Property rights vs. climate infrastructure: Tension between individual landowner protections and the perceived urgency of deploying carbon capture technology
  • "Public use" definition: Whether carbon capture projects qualify as legitimate public purposes under Montana law, and who benefits economically from seized land
  • Compensation and process: Questions about fair market value, appeal rights, and due process protections for affected property owners
  • Private sector involvement: Whether private companies can utilize eminent domain for profit-driven carbon capture ventures versus government-only projects

Compiled from official sources — confirm details with the bill’s official record.

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