Kafka v. Montana Department of Fish, Wildlife & Parks

I. INTRODUCTION

¶96 We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change.1

¶97 Ninety-one years ago, the State of Montana made it a lawful “business or occupation” to acquire, breed, own, harvest, sell, and otherwise control privately owned game animals on alternative livestock ranches. As recently as 1999, the State suggested this as “a viable economic opportunity” for any private property owner, as well as the traditional livestock producers…