reglab/housing_qa huggingface dataset:
MT Code § 77-2-345 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-345. Limitation for cancellation of patent

  77-2-345. Limitation for cancellation of patent. No action shall be brought to vacate or cancel any patent issued by the state after the expiration of 2 years from the date of such patent except upon the ground of fraud.   History: En. Sec. 97, Ch. 60, L. 1927; re-en. Sec. 1805.97, R.C.M. 1935; R.C.M. 1947, 81-933.
MT Code § 77-2-346 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-346. through 77-2-350 reserved

  77-2-346 through 77-2-350 reserved.
MT Code § 77-2-351 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-351. Sale to or exchange of property with public entity

  77-2-351. Sale to or exchange of property with public entity. Notwithstanding any other section in this chapter, any lands may be sold to or exchanged for other land or for other consideration with another public entity on terms and in a manner that the board, after consultation with the appropriate legislative committee, may determine to be in the state's best interest, subject to The Enabling Act and constitutional restrictions. In the case of land that is not granted to or held by the state in trust for the support of the common schools, for a state institution, or for another specific purpose, the board may accept as partial or total consideration for the transfer of the land a binding commitment by the transferee to use the property to provide a community service or a benefit that fulfills a public purpose. The sale or exchange of the property may not be finally concluded until 60 days' public notice of the terms of the proposed sale or exchange has been given. As used in this section, "public entity" means any county, city, municipal corporation, school district, regional water authority provided for in Title 75, chapter 6, part 3, or special improvement or taxing district.   History: En. Sec. 1, Ch. 264, L. 1991; amd. Sec. 1, Ch. 272, L. 1995; amd. Sec. 2, Ch. 141, L. 2011.
MT Code § 77-2-352 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-352. through 77-2-360 reserved

  77-2-352 through 77-2-360 reserved.
MT Code § 77-2-361 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-361. Definitions

  77-2-361. Definitions. As used in 77-2-361 through 77-2-367, the following definitions apply:   (1) "Isolated parcel" means any state land not possessing a legal right of access by the public.   (2) "Land banking" means a process of selling various parcels of state land and using the proceeds from the sales to purchase other land, easements, or improvements that are likely to provide greater or equal trust revenue, as may be reasonably expected over a 20-year accounting period with an acceptable level of risk, for the affected trust and to diversify the land holdings of the various trusts.   History: En. Sec. 11, Ch. 355, L. 2003.
MT Code § 77-2-362 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-362. State land bank fund -- statutory appropriation -- rules

  77-2-362. State land bank fund -- statutory appropriation -- rules. (1) There is a state land bank fund. The proceeds from the sale of state trust land authorized by 77-2-361 through 77-2-367 must be deposited into the state land bank fund. The purpose of the state land bank fund is to temporarily hold proceeds from the sale of trust land pending the purchase of other land, easements, or improvements for the benefit of the beneficiaries of the respective trusts. A separate record of the proceeds received from the sale of trust land for each of the respective trusts must be maintained. Proceeds from the sale of lands that are part of a trust land grant may be used only to purchase land for the same trust.   (2) (a) Proceeds deposited in the state land bank fund, except earnings on those proceeds, are statutorily appropriated, as provided in 17-7-502, to the department for the purposes described in 77-2-361 through 77-2-367. All earnings on the proceeds deposited in the state land bank fund are subject to the provisions of Article X, sections 5 and 10, of the Montana constitution.   (b) Funds appropriated from the trust land administration account provided for in 77-1-108 may be used by the department to fund the transactional costs of buying, selling, appraising, or marketing real property. Transactional costs may include realtor's fees, title reports, title insurance, legal fees, and other costs that may be necessary to complete a conveyance of real property.   (c) Proceeds from the sale of lands held pursuant to the Morrill Act of 1862, 7 U.S.C. 301 through 308, and the Morrill Act of 1890, 7 U.S.C. 321 through 329, may not be used for any transactional costs or trust administration purposes for those lands.   (d) The department may hold proceeds from the sale of state land in the state land bank fund for a period not to exceed 10 years after the effective date of each sale. If, by the end of the 10th year, the proceeds from the subject land sale have not been encumbered to purchase other lands, easements, or improvements within the state, the proceeds from that sale must be deposited in the public school fund or in the permanent fund of the respective trust as required by law, along with any earnings on the proceeds from the land sale, unless the time period is extended by the legislature.   (3) The board shall adopt rules providing for the implementation and administration of the state land bank fund, purchases, and sales.   History: En. Sec. 12, Ch. 355, L. 2003; amd. Sec. 115, Ch. 2, L. 2009; amd. Sec. 20, Ch. 465, L. 2009.
MT Code § 77-2-365 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-365. Right of access not created

  77-2-365. Right of access not created. Nothing in 77-2-361 through 77-2-367 creates any express or implied right of access, right-of-way, or easement for the benefit of the board, the department, or any purchaser of state land over or through any other property.   History: En. Sec. 15, Ch. 355, L. 2003.
MT Code § 77-2-366 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-366. Land banking and state land cabin and home sites -- reports to environmental quality council

  77-2-366. Land banking and state land cabin and home sites -- reports to environmental quality council. (1) (a) The department shall provide a biennial report in accordance with 5-11-210 to the environmental quality council that describes the results of the land banking program in detail.  (b) At a minimum, the report must summarize the sale and purchase transactions made through the program by type, location, acreage, value, and trust beneficiary. The environmental quality council shall make any recommendations that it determines necessary regarding the implementation of the state land banking process, including recommendations for legislation.   (2) Because it is the legislature's intent that the board implement the provisions of 77-2-318(1) in a timely manner, the department, in consultation with the appropriate stakeholders, shall annually report to the environmental quality council in accordance with 5-11-210 by providing a summary of land sales of those lands that were state land cabin or home sites pursuant to 77-2-318 and efforts by the department to comply with the requirements of 77-2-318(1).   History: En. Sec. 16, Ch. 355, L. 2003; amd. Sec. 3, Ch. 396, L. 2007; amd. Sec. 2, Ch. 209, L. 2009; amd. Sec. 5, Ch. 422, L. 2013; amd. Sec. 108, Ch. 261, L. 2021.
MT Code § 77-2-367 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-367. Road easements on state lands

  77-2-367. Road easements on state lands. County roads or easements for county roads on lands purchased from the state of Montana are subject to the provisions of Title 7, chapter 14, part 26, regarding the establishment, alteration, or abandonment of county roads.   History: En. Sec. 17, Ch. 355, L. 2003.
MT Code § 77-2-401 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 4. Transfer of Federal Land or Easements|77-2-401. Sale or transfer of federal land -- when hearing required

  77-2-401. Sale or transfer of federal land -- when hearing required. (1) Prior to the sale or transfer of land in the state that is owned or controlled by an agency of the United States government, the director of the department shall determine whether there would be any impact on the management of state lands, on agricultural, wildlife, or recreational resources of the state, or on the cost of government services provided by the state, by any school district, or by any county, city, or other local government unit because of the sale or transfer.   (2) If the director determines under subsection (1) that there would be an adverse impact and that a hearing or public meeting has not been or will not be conducted by a federal agency to provide an opportunity for expression of public opinion regarding the proposed sale or transfer and that further public input would be desirable, the director shall hold a public hearing prior to the sale or transfer in order to provide the opportunity for the expression of public sentiment regarding the proposed disposition of federal land.   (3) If a hearing will be conducted by a federal agency on the proposed sale or transfer of federal land within the state, the director shall require the attendance of a representative of the department for the purposes of fulfilling the requirements of 77-2-403.   (4) The sale or transfer of easements by an agency of the United States government and the transfer of land by the United States to the state of Montana in satisfaction of land owed to the state pursuant to The Enabling Act are exempt from the operation of this section.   History: En. Sec. 1, Ch. 670, L. 1983; amd. Sec. 323, Ch. 418, L. 1995.
MT Code § 77-2-402 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 4. Transfer of Federal Land or Easements|77-2-402. Hearing requirements

  77-2-402. Hearing requirements. Any hearing required under 77-2-401 must be held in a county in which the land involved in the proposed sale or transfer is located and must be held according to procedural rules that must be adopted by the director of the department in accordance with the Montana Administrative Procedure Act.   History: En. Sec. 2, Ch. 670, L. 1983; amd. Sec. 285, Ch. 42, L. 1997.
MT Code § 77-2-403 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 4. Transfer of Federal Land or Easements|77-2-403. Action by director

  77-2-403. Action by director. The director of the department shall take action that the director considers appropriate, consistent with federal jurisdiction, to address concerns and issues raised during the hearing. The action may include but is not limited to:   (1) the filing of formal requests for action by the appropriate federal agency that would alleviate concerns expressed at the hearing;   (2) the filing of a formal protest to the proposed sale or transfer.   History: En. Sec. 3, Ch. 670, L. 1983; amd. Sec. 286, Ch. 42, L. 1997.
MT Code § 77-3-101 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-101. Definitions

  77-3-101. Definitions. In this part the following definitions apply:   (1) "Full market value" means the highest net value of products of mining operations in United States markets, less cost of transportation and refining, not including as a deduction any cost of producing or treating at the mine.   (2) "Gems" means sapphires, rubies, and other stones commonly known as "precious stones" or "semiprecious stones", but does not mean stones or other earth materials commonly used in building or construction work.   (3) "Metalliferous minerals" means gold, silver, lead, zinc, copper, platinum, iron, and all other metallic minerals.   (4) "Mining" means the carrying on of operations of any kind for the purpose of extracting from the earth ore and other earth material containing metalliferous minerals or gems and includes operations of any kind for the extraction from ores and other earth material of metalliferous minerals or gems.   (5) "Mining lease" means a lease issued by the board for the prospecting for or mining of metalliferous minerals or gems.   (6) "Mining lessee" means the holder of a mining lease whether the holder is the original lessee under the lease or holds the lease as successor of the original lessee.   (7) "Returns" means the net amount received by the shipper from products of mining operations after deducting transportation costs, smelting charges and deductions, and other treatment costs, not including as a deduction any cost of producing or treating at the mine.   History: En. Sec. 1, Ch. 148, L. 1937; amd. Sec. 35, Ch. 428, L. 1973; R.C.M. 1947, 81-601.
MT Code § 77-3-102 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-102. Mining leases authorized

  77-3-102. Mining leases authorized. (1) The board may, in its discretion and subject to the other provisions of this part, lease state lands, including the beds of navigable streams and the beds of navigable bodies of water and the reserved mineral rights of the state in lands sold or leased by the state, to any person, association, or corporation for the purpose of prospecting for or mining metalliferous minerals or gems.   (2) These leases may be for a period of time determined by the board, subject to limitations contained in the grants by which the state has acquired title to lands or mineral rights so leased.   (3) Leases issued under this part must give the lessee, so long as the lessee complies with the terms and conditions of the lease, the exclusive right of possession of the lands or mineral rights leased, subject to any reservations contained in the leases.   (4) In making the leases, the board may exercise business discretion as long as this part is not violated.   History: (1), (2)En. Sec. 2, Ch. 148, L. 1937; amd. Sec. 36, Ch. 428, L. 1973; Sec. 81-602, R.C.M. 1947; (3),(4)En. Sec. 3, Ch. 148, L. 1937; amd. Sec. 1, Ch. 205, L. 1947; amd. Sec. 37, Ch. 428, L. 1973; Sec. 81-603, R.C.M. 1947; R.C.M. 1947, 81-602, 81-603(part); amd. Sec. 2554, Ch. 56, L. 2009.
MT Code § 77-3-103 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-103. Prospecting permits authorized

  77-3-103. Prospecting permits authorized. Prospecting permits without lease may be issued by the board upon the payment of the issuance fee under 77-1-302. The permittee shall also pay an annual fee established by the department and approved by the board at the end of each year during the life of the permit. A permit shall provide for due diligence in the work of prospecting during the life of the permit.   History: En. Sec. 15, Ch. 148, L. 1937; amd. Sec. 9, Ch. 22, L. 1971; Sec. 81-615, R.C.M. 1947; redes. 81-601.1 and amd. by Sec. 47, Ch. 428, L. 1973; R.C.M. 1947, 81-601.1(part).
MT Code § 77-3-104 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-104. Notice of permit or lease approval

  77-3-104. Notice of permit or lease approval. Upon the approval of an application for a prospecting permit or a mining lease under this part, the department shall promptly give written notice, by ordinary mail, to the permittee or lessee and to any holder of an agricultural or grazing lease embracing the same land or to any holder of a certificate of purchase or patent embracing the same land. The notice must be addressed to the permittee, mining lessee, agricultural or grazing lessee, purchaser, or patentee at the person's last-known post-office address.   History: En. Sec. 16, Ch. 148, L. 1937; amd. Sec. 48, Ch. 428, L. 1973; R.C.M. 1947, 81-616; amd. Sec. 2555, Ch. 56, L. 2009.
MT Code § 77-3-105 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-105. Assignment of leases or permits

  77-3-105. Assignment of leases or permits. In case of the assignment of a mining lease or a prospecting permit by the holder thereof, the mining lessee or permittee executing the assignment is not relieved of any responsibility for operations under the lease or prospecting permit until:   (1) the financial and moral responsibility of the assignee has been approved by the board; and   (2) there is deposited with the department:   (a) the assignment or an executed copy thereof;   (b) an instrument executed by the sureties upon any bonds then held by the board in connection with the mining lease or permit and then in force, consenting to the assignment and containing the agreement of the sureties to be bound by the bonds under the assignment or new bonds conforming to all the requirements of 77-3-119; and   (c) a fee prescribed under 77-1-302.   History: En. Sec. 13, Ch. 148, L. 1937; amd. Sec. 8, Ch. 22, L. 1971; amd. Sec. 45, Ch. 428, L. 1973; R.C.M. 1947, 81-613.
MT Code § 77-3-106 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-106. Disposition of royalties, fees, and penalties

  77-3-106. Disposition of royalties, fees, and penalties. All fees and penalties collected under this part shall be credited to the state general fund; all rentals shall be credited to the income fund of the grant to which the land belongs; and all moneys collected as royalties shall be credited to the permanent fund arising from the grant to which the land belongs under each particular permit or lease; provided, however, that all rentals and royalties received from "mortgage lands" shall be credited to the same fund or funds as other receipts from such lands and that all rentals and royalties received under or in connection with a lease or permit on other lands or mineral rights not acquired through any grant to the state of Montana from the United States shall be paid into the same funds into which such receipts are paid when the land is part of the grant for the benefit of the public schools of the state of Montana.   History: En. Sec. 17, Ch. 148, L. 1937; R.C.M. 1947, 81-617.
MT Code § 77-3-107 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-107. through 77-3-110 reserved

  77-3-107 through 77-3-110 reserved.
MT Code § 77-3-111 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-111. Applications for mining lease

  77-3-111. Applications for mining lease. Application for a mining lease shall be made to the department on a form prescribed by it.   History: En. Sec. 6, Ch. 148, L. 1937; amd. Sec. 7, Ch. 22, L. 1971; amd. Sec. 40, Ch. 428, L. 1973; R.C.M. 1947, 81-606.
MT Code § 77-3-112 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-112. Examination of lands prior to leasing

  77-3-112. Examination of lands prior to leasing. (1) Before the board leases any lands for the mining of metalliferous metals or gems, the department shall investigate the character of the lands and the nature and possible extent of the mineral deposits therein for the purpose of determining whether those lands are of such a character as to warrant the issuance of a mining lease thereon and for the purpose of determining the amount of royalty and other rentals or considerations for which the lands should be leased for mining purposes under this part.   (2) Upon the filing of an application for a mining lease the board may, if the lands covered by the application have not been examined by the department, require the applicant for the lease to deposit with the department an amount of money, not exceeding $500 in any one case, which in its judgment will cover the cost of a special examination to enable the board to pass upon the application in accordance with this part. Such deposit shall be used to reimburse the state for the actual cost of the examination, and any portion of the deposit not required for such reimbursement shall, upon the approval or rejection of the application, be repaid to the applicant by the department.   (3) The department shall make and preserve complete records of all such examinations.   History: En. Sec. 11, Ch. 148, L. 1937; amd. Sec. 43, Ch. 428, L. 1973; R.C.M. 1947, 81-611.
MT Code § 77-3-113 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-113. Quantity of lands covered by lease

  77-3-113. Quantity of lands covered by lease. A mining lease shall cover the quantity of ground the board determines to be reasonable and consistent with the character of the ground, the type of deposit or deposits for which the lands are to be mined, and the character and size of the operation contemplated, necessary, or reasonable in good mining practice for the profitable recovery of the metalliferous minerals or gems therefrom.   History: En. Sec. 5, Ch. 148, L. 1937; amd. Sec. 39, Ch. 428, L. 1973; R.C.M. 1947, 81-605.
MT Code § 77-3-114 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-114. Restrictions on mining leases on lands already subject to coal, oil, or gas lease

  77-3-114. Restrictions on mining leases on lands already subject to coal, oil, or gas lease. In the case of lands covered by a lease for the mining of coal, oil, or gas, no lease for the mining upon any such land for metalliferous minerals and/or gems shall be issued to any person, association of persons, or corporation, other than the holder of such coal, oil, or gas lease while such coal, oil, or gas lease is in force, except with the written consent of the holder of such coal, oil, or gas lease.   History: En. Sec. 10, Ch. 148, L. 1937; R.C.M. 1947, 81-610.