The U.S. Supreme Court will not review two Montana Supreme Court decisions finding no taking of private property with the passage of I-143, ending a nine year court battle. I-143 was passed in 2000 and ended the captive elk and deer hunting industries in Montana. The ranch operators had claimed an unlawful taking and asked for compensation. In December of 2008, the Montana Supreme Court found that no unlawful taking had occurred. To view the article by Michael Babcock of the Great Falls Tribune, click here. To view the Supreme Court's order from October 13, 2009, click here.
According to one of the appellants, Kim Kafka,
“that during arguments before the Montana Supreme Court drafters of I-143 "admitted to intentionally crafting an initiative to take away people's livelihood and not pay for it.According to other stories, Mr. Kafka is generating an income, but is not seeing the additional revenues the hunters brought into his hometown. Many in the industry are hurt by this recent ruling effectively ending any hope the ranchers have of compensation for their operations. To view the article by Eve Byron of the Independent Record, click here.
"Even the dissenting judges said it had voter fraud written all over it," Kafka said. "The thing was intentionally crafted to take down an industry."
The decisions in question are Buhmann v. Montana, 201 P.3d 70 (Mont. 2008), to view a summary of this case click here. The other decision is Kafka v. Montana Department of Fish, Wildlife, & Parks, 201 P.3d 8 (Mont. 2008), click here for a summary of this decision.
Posted: 10/16/09
