reglab/housing_qa huggingface dataset:
MT Code § 77-1-902 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-902. Definitions

  77-1-902. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:  (1) "Cancellation" means the cessation of a lessee's possessory rights and privileges under a lease due to the lessee's breach of some term of the lease, applicable statutes, or applicable administrative rules.   (2) "Commercial lease" means a contract to use state trust land for a commercial purpose.   (3) (a) "Commercial purpose" means an industrial enterprise, retail sales outlet, business and professional office building, warehouse, motel, hotel, hospitality enterprise, commercial or concentrated recreational use, multifamily residential development, and other similar business.   (b) The term does not include the following uses:   (i) agriculture;   (ii) grazing;   (iii) exploration or development of oil and gas, minerals, and resources from geothermal, wind, or solar;   (iv) single-family residences, home sites, and cabin sites; and   (v) utility rights-of-way.   (4) "Land value" is the monetary value of the land determined by an appraisal by a certified general appraiser or a department staff appraiser or by a limited valuation.   (5) "Limited valuation" means estimating the land value of commercial lease land by analyzing comparable land valuations conducted within 2 years of the lease commencement date as provided by real estate appraisers, local tax assessors, local realtors, an evaluation of local market rents, or a combination of those methods.   (6) "Termination" means the automatic completion or ending of the term of a contract according to its provisions. Upon termination, the lessee ceases to have any possessory rights or privileges under a lease.   History: En. Sec. 2, Ch. 404, L. 2003; amd. Sec. 1, Ch. 412, L. 2017; amd. Sec. 1, Ch. 313, L. 2021.
MT Code § 77-1-903 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-903. Authority of board to determine development

  77-1-903. Authority of board to determine development. The board shall determine how the development of state trust land for commercial purposes is to proceed before any state trust land is offered for lease. In making this determination, the board may consider the following factors:   (1) the purpose of any development or development plan;   (2) the allocation and location of specific uses of the land, including residential, commercial, industrial, recreational, or other appropriate uses;   (3) the densities and intensities of designated land uses;   (4) the timing and rate of development; and   (5) the timely delivery of adequate facilities and services, including water, wastewater collection and treatment systems, parks and public recreational facilities, drainage facilities, school sites, roads, and transportation facilities.   History: En. Sec. 3, Ch. 404, L. 2003.
MT Code § 77-1-904 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-904. Commercial leasing authorized

  77-1-904. Commercial leasing authorized. (1) State trust land may be leased for a term not to exceed 99 years for commercial purposes to the highest and best bidder responding to a department request for proposals for commercial uses of a specified tract.   (2) The board may enter into contracts with lessees of state trust land for commercial purposes upon terms and conditions that the board may reasonably determine to be in the best interests of the beneficiary.   (3) A request for proposals for the commercial leasing of state trust land must reserve the board's right to reject any and all bids and the right to reoffer the tract for lease if the bids received are not acceptable to the board.   (4) The board and the department, when preparing plans or proposals under this part, shall implement review criteria in consideration of the following local government provisions except to the extent that the provisions violate Article X, section 4 or 11, of the Montana constitution:   (a) a growth policy or a neighborhood plan adopted pursuant to Title 76, chapter 1;   (b) zoning regulations;   (c) subdivision review as provided in Title 76, chapter 3;   (d) annexation;   (e) plans for the extension of services; and   (f) other actions related to local planning.   History: En. Sec. 4, Ch. 404, L. 2003; amd. Sec. 2, Ch. 335, L. 2005.
MT Code § 77-1-906 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-906. Requirements for commercial lease -- improvements

  77-1-906. Requirements for commercial lease -- improvements. (1) The board shall require, subject to the board's supervision and jurisdiction, that the lessee be solely responsible for the expense of maintenance and operation of the enterprise, business, or venture and all improvements made and constructed in support of any commercial purpose during the term of the lease. This requirement does not apply to the installation and construction by the lessee of infrastructure and improvements, such as public roads, parks, sewers, or utilities, if they were required by a local government as a condition of development.   (2) Upon expiration of the lease, the title to all permanent improvements and fixtures located on the leased property and used in the operation and maintenance of the enterprise vests in the state. The lease must describe in detail the manner and subject matter of the transfer to the state.   History: En. Sec. 6, Ch. 404, L. 2003.
MT Code § 77-1-907 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-907. Qualifications for commercial lessees -- bonds

  77-1-907. Qualifications for commercial lessees -- bonds. (1) Before accepting any offer for a commercial lease, the board shall establish, to its satisfaction, the financial capability of the person seeking the commercial lease and the legal authority of the person to conduct business in the state. Prior to executing a commercial lease, the board may require the posting of bonds, sureties, guarantees, or a letter of credit sufficient to ensure that the commercial purposes will be conducted as proposed with no harm to the financial interests of the beneficiaries.   (2) All commercial leases of which the commercial purpose includes the use of a hazardous substance as defined in 75-10-602 must be bonded to ensure a degree of cleanup of the hazardous substance that ensures protection of public health, safety, and welfare and of the environment in a manner that protects the long-term financial interest of the beneficiaries.   History: En. Sec. 7, Ch. 404, L. 2003.
MT Code § 77-1-908 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-908. Land use license issuance following reclassification

  77-1-908. Land use license issuance following reclassification. Following cancellation of a preexisting lease due to a reclassification pursuant to 77-1-401 through 77-1-403, the department may issue a land use license for the commercial lands reclassified for a term the department considers necessary to protect the income to the trust and to protect the state.   History: En. Sec. 8, Ch. 404, L. 2003.
MT Code § 77-1-909 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-909. Cancellation or termination of commercial lease

  77-1-909. Cancellation or termination of commercial lease. A commercial lease may be canceled at the option of the board or its designated representative for any violation of a lease provision. Upon cancellation or termination of a lease, the department may seek a new lessee in accordance with this part. If the costs of the commercial development have not been recovered by the state at the time of cancellation or termination, a subsequent lessee under this section shall reimburse the state for development costs, assessments, or fees only to the extent that the proportionate part of the costs, assessments, and fees to the state for obtaining the development have not been recovered.   History: En. Sec. 9, Ch. 404, L. 2003.
MT Code § 77-1-910 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-910. Encumbrance on leased land

  77-1-910. Encumbrance on leased land. (1) An encumbrance may not be placed upon the state's interest in land leased for commercial purposes.   (2) A commercial lease of state trust land may contain provisions that will permit the encumbering of the lessee's interest in the lease by mortgage or deed of trust.   History: En. Sec. 10, Ch. 404, L. 2003.
MT Code § 77-1-911 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-911. Notice and payment of assessments

  77-1-911. Notice and payment of assessments. (1) The lessee of a commercial lease on state trust land shall furnish to the department:   (a) officially certified descriptions of all state trust land included within the boundaries of a city or county improvement district that is the subject of the commercial lease; and   (b) a description and listing of the amount of assessments and charges of every character made against the leasehold interest of the lessee and the leasehold interest of the state, as soon as the assessments or charges are levied.   (2) A promise by the lessee to make timely payment of all assessment charges and an acknowledgment of the assessment must be inserted in any lease for state trust land.   (3) If assessments have been levied against any state trust land prior to commercial lease, the board shall require that all unpaid installments on assessments be paid to the improvement district before executing a lease.   (4) If an installment on an assessment or charge against the leasehold interest of the lessee of land subject to a commercial lease is not paid when due, the nonpayment constitutes a breach of the lease.   History: En. Sec. 11, Ch. 404, L. 2003.
MT Code § 77-1-912 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 9. Commercial Leasing of State Trust Land|77-1-912. Rulemaking

  77-1-912. Rulemaking. The board may adopt rules to:   (1) establish procedures for the issuance of requests for proposals for commercial purposes and the commercial leasing of state trust land;   (2) prescribe the form and content of commercial leases; and   (3) develop any other procedures necessary to fulfill the purposes of this part or to implement the commercial leasing of state trust land.   History: En. Sec. 12, Ch. 404, L. 2003.
MT Code § 77-1-1001 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 10. Management of Crown Butte Land Exchange Property Interests|77-1-1001. Inventories and assessments

  77-1-1001. Inventories and assessments. (1) The department may, in consultation with appropriate state agencies and the Northern Cheyenne tribe, conduct resource inventories and assessments of all or parts of the property interests acquired from the federal government in the Crown Butte land exchange to assist in the leasing, promotion, and development of those property interests. Those inventories and assessments include but are not limited to:   (a) cultural resource inventories and assessments;   (b) coal resource inventories and assessments;   (c) market analysis of the mineral resources; or   (d) any other inventories and assessments required by law or that the department determines are necessary.   (2) The department may place all or parts of the property interests acquired from the federal government in the Crown Butte land exchange up for lease in accordance with the procedures provided for in Title 77.   (3) Nothing in this section prevents the department from receiving applications to place the tracts for lease prior to the completion of inventories and assessments, and the department may lease the property interests acquired from the federal government in the Crown Butte land exchange in accordance with the applicable provisions of Title 77.   (4) Nothing in this section is intended to alter, diminish, or impair the Otter Creek settlement agreement between the state of Montana and the Northern Cheyenne tribe, and nothing in this section prevents the state from cooperating with the Northern Cheyenne tribe to enforce air and water quality standards through government-to-government reciprocity agreements.   History: En. Sec. 1, Ch. 318, L. 2003.
MT Code § 77-1-1002 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 10. Management of Crown Butte Land Exchange Property Interests|77-1-1002. Planning of lease actions

  77-1-1002. Planning of lease actions. (1) The department shall manage the property interests acquired from the federal government in the Crown Butte land exchange consistent with 77-3-102 and consult with the private surface owners and the private mineral owners that control the coal property interests that are located in a checkerboard arrangement with the mineral interests acquired from the federal government in the Crown Butte land exchange in the planning of leasing actions.   (2) Consistent with Title 77, the department's leasing actions must:   (a) attain the fair market value and optimize the monetary return to the public school fund; and   (b) facilitate and encourage timely development of the property interests acquired from the federal government in the Crown Butte land exchange.   History: En. Sec. 2, Ch. 318, L. 2003.
MT Code § 77-1-1101 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1101. Void

  77-1-1101. Void. Sec. 12, Ch. 475, L. 2009.   History: En. Sec. 1, Ch. 475, L. 2009.
MT Code § 77-1-1102 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1102. Void

  77-1-1102. Void. Sec. 12, Ch. 475, L. 2009.   History: En. Sec. 2, Ch. 475, L. 2009.
MT Code § 77-1-1103 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1103. Void

  77-1-1103. Void. Sec. 12, Ch. 475, L. 2009.   History: En. Sec. 3, Ch. 475, L. 2009.
MT Code § 77-1-1104 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1104. Void

  77-1-1104. Void. Sec. 12, Ch. 475, L. 2009.   History: En. Sec. 4, Ch. 475, L. 2009.
MT Code § 77-1-1105 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1105. Void

  77-1-1105. Void. Sec. 12, Ch. 475, L. 2009.   History: En. Sec. 5, Ch. 475, L. 2009.
MT Code § 77-1-1106 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1106. Void

  77-1-1106. Void. Sec. 12, Ch. 475, L. 2009.   History: En. Sec. 6, Ch. 475, L. 2009.
MT Code § 77-1-1107 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1107. Void

  77-1-1107. Void. Sec. 12, Ch. 475, L. 2009.   History: En. Sec. 7, Ch. 475, L. 2009.
MT Code § 77-1-1108 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1108. Void

  77-1-1108. Void. Sec. 12, Ch. 475, L. 2009.   History: En. Sec. 8, Ch. 475, L. 2009.
MT Code § 77-1-1109 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1109. Legislative findings -- purpose

  77-1-1109. Legislative findings -- purpose. (1) The legislature finds that:   (a) Article IX, section 3, of the Montana constitution provides that the use of all water that is or may be appropriated for sale, rent, distribution, or other beneficial use, the right-of-way over the lands of others for all ditches, drains, flumes, canals, and aqueducts necessarily used in connection with the beneficial use, and the sites for reservoirs necessary for collecting and storing water are a public use;   (b) a person who has historically used the bed of a navigable river in conjunction with a legal use of water or for other uses or a person who desires to use the bed of a navigable river in conjunction with a legal use of water or for other uses must be able to do so provided that statutory provisions are met; and   (c) any person who uses the bed of a navigable river after October 1, 2011, shall apply to the state for a lease, license, or easement and pay full market value for the use of the riverbed.   (2) The purpose of this part is to clarify the process for the use of the beds of navigable rivers and how the state should be compensated for that use.   (3) Nothing in this part diminishes the state's ownership of the beds of navigable rivers, streams, or lakes under any other law.   History: En. Sec. 1, Ch. 359, L. 2011.
MT Code § 77-1-1110 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1110. Definitions

  77-1-1110. Definitions. Solely for the purposes of this part, the following definitions apply:   (1) "Footprint" means a structure or other constructed interruption or modification to the bed of a navigable river below the low-water mark as provided in 70-16-201.   (2) "Full market value" means an amount calculated based upon the area of a footprint and the fair market value as determined by rule or statute. The annual payment for a license issued under this part is $150.   (3) "Navigable river" means a river adjudicated as navigable for title purposes by a court of competent jurisdiction.   History: En. Sec. 2, Ch. 359, L. 2011.
MT Code § 77-1-1111 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1111. Use of beds of navigable rivers -- authorization requirement restricted

  77-1-1111. Use of beds of navigable rivers -- authorization requirement restricted. The board or the department may require a lease, license, or easement under this part only for a footprint on the bed of a navigable river.   History: En. Sec. 3, Ch. 359, L. 2011.
MT Code § 77-1-1113 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1113. Historic riverbed use account

  77-1-1113. Historic riverbed use account. (1) There is an account in the state special revenue fund into which the application fees collected pursuant to 77-1-1112 must be deposited.   (2) The funds in the account may be used only for administering the provisions of 77-1-1112.   History: En. Sec. 5, Ch. 359, L. 2011.
MT Code § 77-1-1114 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1114. Notice required

  77-1-1114. Notice required. (1) Before July 1, 2016, the department shall provide notice of the requirements of this part to owners of property adjacent to rivers that were navigable rivers on October 1, 2011, and provide notice pursuant to subsection (3).   (2) For a river determined to be a navigable river after October 1, 2011, the department shall provide notice of the requirements of this part to owners of property adjacent to the navigable river within 6 months of the determination that the river is navigable. The 5-year period pursuant to 77-1-1112 begins when the department issues this notice and publishes the notice required in subsection (3) of this section.   (3) The department shall publish notice of navigable rivers and the requirements of this part twice in a newspaper of general circulation in the area of the navigable river.   History: En. Sec. 6, Ch. 359, L. 2011; amd. Sec. 2, Ch. 108, L. 2015.
MT Code § 77-1-1115 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1115. Navigable riverbed uses -- lease, license, or easement required -- challenges

  77-1-1115. Navigable riverbed uses -- lease, license, or easement required -- challenges. (1) (a) After October 1, 2011, the department shall require a person who proposes to use the bed of a navigable river up to the low-water mark to obtain a lease, license, or easement pursuant to the provisions of this title.   (b) The requirements of subsection (1)(a) do not apply to footprints related to hunting, fishing, or trapping.   (2) An applicant for authorization to use the bed of a navigable river pursuant to 77-1-1112 or for a lease, license, or easement under this section may challenge the requirement of the authorization based on the navigability of the river, the location of the footprint related to the low-water mark, or other factors. There is no presumption of navigability because an entity has applied for or received a lease, license, or easement.   History: En. Sec. 7, Ch. 359, L. 2011.
MT Code § 77-1-1116 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1116. Easement transferable -- relocation of structure -- increased footprint

  77-1-1116. Easement transferable -- relocation of structure -- increased footprint. (1) An easement granted pursuant to 77-1-1112 or 77-1-1115 runs with the benefited land and may be transferred or assigned.   (2) (a) Pursuant to rules adopted under 77-1-1117, the holder of a lease, license, or easement under 77-1-1112 or 77-1-1115 may relocate or increase the size of a footprint and associated facilities due to the natural relocation of a navigable river or other factors.   (b) (i) The holder of a lease, license, or easement shall provide written notice to the department when a footprint or associated facilities are proposed to be relocated or increased in size.   (ii) Without prior board approval, the holder of a lease, license, or easement for water diversion structures associated with a water right may relocate or increase the size of the footprint if the relocation or increase is necessary to accomplish the purpose for which the lease, license, or easement was granted. If the footprint is increased in size, the holder shall pay full market value for the portion of the footprint that is greater than the original footprint and shall obtain the appropriate state or federal permits.   (3) Section 77-1-805 applies to the use of navigable rivers for which leases, licenses, or easements for the use of the bed have been granted.   History: En. Sec. 8, Ch. 359, L. 2011.
MT Code § 77-1-1117 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 11. Use of Beds of Navigable Rivers|77-1-1117. Board to adopt rules

  77-1-1117. Board to adopt rules. To fulfill the requirement of this part, the board shall adopt rules to:   (1) determine the full market value for the use of the bed of a navigable river and establish a minimum payment for leases and easements;   (2) allow an applicant to choose to apply for a lease, license, or easement depending on the type of proposed use and the duration of the use; and   (3) allow the holder of a lease, license, or easement to relocate or increase the size of a footprint based on natural relocation of a navigable river or other factors.   History: En. Sec. 9, Ch. 359, L. 2011.