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Group Takes Another Run at Initiative to Cap Montana Property Taxes – Flathead Beacon

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Group Takes Another Run at Initiative to Cap Montana Property Taxes – Flathead Beacon


A group that has repeatedly sought to advance ballot initiatives that would cap property tax growth on Montana homes said Wednesday that it is taking another run at the idea, proposing a constitutional amendment that could appear on the 2026 ballot if it survives likely legal challenges and qualifies via a signature drive.

Bozeman attorney Matt Monfortion, the director of Cap Montana Property Taxes, said in an interview Wednesday that he doesn’t believe property tax proposals circulating in advance of the 2025 Legislature will do enough to provide Montana homeowners with long-term protection.

“Property taxes are continuing to skyrocket and that will always be the case because Montana homeowners are not protected from inflation,” Monforton said.

The initiative would require the state to value homes for tax purposes annually, as opposed to the current two-year cycle, and limit the annual growth in assessed value for primary residences that don’t change ownership to 2% a year. When a home is sold, its assessment would generally reset to market value. 

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Under current law, residential properties are assessed by the state department of revenue for tax purposes at the department’s best estimate for their market value. As market values spiked amid the state’s housing crunch in recent years, that translated into higher tax valuations and higher tax bills for most homeowners.

The series of tax cap initiatives advanced by Monforton’s group, similar to California’s landmark Prop 13, have broadly sought to shield homeowners from rising taxes. Opponents, including the Montana Federation of Public Employees and the Montana Association of Realtors, have worried the measures would upend the tax system that funds K-12 education, law enforcement and most other local government services. They’ve also worried that having a tax benefit created by long-term residence would discourage homeowners from upgrading to new homes.

The proposal follows 2022’s Constitutional Amendment 121, which failed to clear a ballot collection threshold after it faced litigation and a $300,000 opposition campaign. Another push last year by Monforton’s group died in the courts after Attorney General Austin Knudsen and the Montana Supreme Court declared that the 2024 iteration of the proposal included too many provisions to comply with the state’s single-subject rule.

Monforton said that the new iteration of his group’s initiative has been revised to account for last year’s court ruling, focusing only on capping tax valuations rather than both valuations and tax rates. He’s optimistic that the new proposal will withstand inevitable legal scrutiny.

“We anticipate a blizzard of lawsuits from the state and special interests who will try to prevent homeowners from getting real relief,” he said. “And we’re confident we’ll prevail in the courts.”

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This story originally appeared in the Montana Free Press, which can be found online at montanafreepress.org.





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Montana Supreme Court Decides International Child Custody Case – Transnational Litigation Blog

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Montana Supreme Court Decides International Child Custody Case – Transnational Litigation Blog


Image by Clker-Free-Vector-Images from Pixabay

The Uniform Child Custody Jurisdiction Enforcement Act discourages forum shopping in child custody disputes by assigning subject-matter jurisdiction to the court located in the “home state” of the child. In Allen v. Allen, decided on April 21, 2026, the Montana Supreme Court had to determine whether the child’s “home state” was Montana or the Netherlands. This case shines an important spotlight on the importance of timing in international child custody disputes. The left-behind parent’s likelihood of success is strongly correlated with how quickly he or she acts to vindicate their legal rights.

Facts

Jonathan Edward Allen (Father) and Petronella Gerline (Van Oosterom) Allen (Mother) were married in Colorado in 2009. Father is a United States citizen. Mother is a dual citizen of the United States and the Netherlands. Their child (R.A.A.) was born in 2015. In 2020, the family moved from Colorado to Montana.

In August 2023, after Father and Mother began having marital difficulties, Mother and R.A.A. relocated to the Netherlands. In February 2024, Mother filed a petition for divorce and custody with the District Court of Central Netherlands (Netherlands District Court).

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In January 2025, Father filed a petition with the District Court of The Hague seeking the return of R.A.A. pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. This petition was denied. Although the court held that R.A.A. had been wrongfully removed from the United States, the court reasoned that the one-year automatic return period had passed and that R.A.A. had become settled in her new environment in the Netherlands. This decision was affirmed on appeal.

In September 2025, Father filed an Emergency Motion for Temporary Custody and Petition for Permanent Parenting Plan in Montana state court. That court dismissed the petition on the grounds that it lacked subject-matter jurisdiction. Specifically, it held that it lacked the power to adjudicate the dispute because Montana was no longer the “home state” of R.A.A. Father, acting pro se, appealed to the Montana Supreme Court.

Analysis

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) assigns exclusive subject-matter jurisdiction to courts located in the child’s “home state” when it comes to matters relating to child custody. The “home state” is “the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding.” The UCCJEA specifically provides that courts “shall treat a foreign country as if it were a state of the United States” for purposes of resolving these disputes.

On the facts presented in Allen v. Allen, the Montana Supreme Court correctly held that it lacked subject-matter jurisdiction to consider Father’s emergency motion. Mother and R.A.A. relocated to the Netherlands in August 2023. Six months later—in February 2024—R.A.A.’s home state shifted to the Netherlands. The Dutch courts—rather than the Montana courts—now had exclusive subject-matter jurisdiction to resolve custody disputes involving R.A.A. Father did not file his motion in Montana until September 2025, which was nineteen months too late.

Conclusion

If Father had filed his suit in Montana before February 2024, he could have shown that Montana was R.A.A.’s “home state” because the child had not yet resided in the Netherlands for six months. The suit was, however, not filed until September 2025.

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If Father had filed suit in the Netherlands before August 2024, he could have argued that R.A.A. should be returned to the United States pursuant to the Hague Convention on the Civil Aspects of International Child Abduction because the child had not yet resided in the Netherlands for a year. The suit was, however, not filed until January 2025.

The key takeaway of Allen v. Allen is the need for speed in international child custody cases. The timelines baked into the relevant laws and treaties mandate that the left-behind parent move quickly to assert their rights. If they are slow off the mark, they be forced to litigate in foreign courts under less favorable legal rules.



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Clark Fork River remains central to Missoula’s identity, conservation groups say

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Clark Fork River remains central to Missoula’s identity, conservation groups say


The Clark Fork River has long been a defining feature of Missoula, shaping the city’s culture, economy and outdoor lifestyle.

The river is so closely tied to the area that it helped inspire the well-known book and film “A River Runs Through It.” But local conservation advocates say its importance goes far beyond scenery.

“Without the Clark Fork River, Missoula would just be another town,” said Lisa Ronald, Northern Rockies associate conservation director for American Rivers. “We wouldn’t be the River City. I think we’re known in Montana as Missoula the River City, and it’s really because of the Clark Fork River and its central role in business, in economics, in recreation, that really makes Missoula the town that it is.”

Carmen Murill, a field organizer with Wild Montana, said the river is deeply woven into daily life for people who live in Missoula.

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“A lot of us would wonder what to do on a beautiful or a rainy summer day,” Murill said. “I mean, it’s really a lifeforce of town. And I think it’s pretty unique that Missoula, as a community is living and breathing on both sides of the river. It’s really like two downtowns but connected by the Clark Fork.”

Conservation groups say protecting the river begins with community involvement.

Advocates encourage residents and visitors to spend time outdoors, whether on a trail, in the woods or along the river, and to learn how they can become better stewards of the environment.



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Forstag secures democratic nomination for Western Montana Congressional District

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Forstag secures democratic nomination for Western Montana Congressional District


MISSOULA — Sam Forstag edged out Ryan Busse to secure the Democratic nomination in Montana’s 1st Congressional District.

Busse conceded the race to Forstag on Wednesday morning. Forstag had trailed behind Busse Tuesday evening, but he made up ground as the votes were counted into the early hours of Wednesday morning. The other two candidates in the race, Russl Cleveland and Matt Rains, are sitting at third and fourth, respectively.

Forstag leads in close race for Montana’s 1st Congressional District

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Forstag spent eight years as a wildland firefighter, including four as a smokejumper, and he’s been vice president of the local National Federation of Federal Employees union. Last week, U.S. House of Representative Alexandria Ocasio-Cortez, D-New York, held a rally in Missoula to support Forstag’s campaign.

He told MTN on Tuesday that his campaign has been for the working class.

“We got a whole lot of people here that have been working their tail off to finally get some working-class representation in Washington,” Forstag noted. “So proud of everything we’ve done and so grateful.”

Forstag further noted he wants Montanans to be able to afford groceries, have universal free childcare and restore and expand Affordable Health Care Act subsidies.

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“Hearing people’s stories and struggles and commonalities in the ways that we’re all fighting in the system that does not serve us so often, and the government serves corporations and the richest people in this country more than working people. It has been frustrating and saddening, but it has also inspired so much hope in me, like the fixes we can actually make,” he told MTN.

The 1st Congressional District covers much of western Montana, including Kalispell, Missoula, Butte and Bozeman. It is currently held by Rep. Ryan Zinke, R-Montana, who chose not to seek reelection.

By securing the nomination, Forstag is slated tol face off against Libertarian candidate Nick Sheedy and Republican candidate Aaron Flint in November. 





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