reglab/housing_qa huggingface dataset:
MT Code § 77-6-103 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-103. Lease of state land to United States for military purposes authorized

  77-6-103. Lease of state land to United States for military purposes authorized. The board, when it considers it in the public interest, may lease to the United States for military purposes any state land, whether such land was received by the state through federal land grants or whether such land consists of so-called "mortgage lands", on such terms and conditions as it considers necessary to promote the public welfare and protect the interests of the state. Rental shall be payable at the end of each year of the lease.   History: En. Sec. 1, Ch. 122, L. 1943; amd. Sec. 25, Ch. 428, L. 1973; R.C.M. 1947, 81-424.
MT Code § 77-6-104 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-104. Renumbered 77-1-209

  77-6-104. Renumbered 77-1-209. Code Commissioner, 1983.
MT Code § 77-6-105 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-105. Criteria for determining land to be included in single lease

  77-6-105. Criteria for determining land to be included in single lease. (1) All lands shall be leased in as compact bodies as possible, and care shall be taken not to separate parts of any section from the section lines or public highways or from any available water supply or in a form that will make it more difficult to lease the remaining state lands in the section in which they are located.   (2) There may be included under one lease tracts of lands embracing more than one section.   History: (1)En. Sec. 27, Ch. 60, L. 1927; re-en. Sec. 1805.27, R.C.M. 1935; amd. Sec. 3, Ch. 257, L. 1965; amd. Sec. 16, Ch. 428, L. 1973; Sec. 81-413, R.C.M. 1947; (2)En. Sec. 23, Ch. 60, L. 1927; amd. Sec. 2, Ch. 42, L. 1933; re-en. Sec. 1805.23, R.C.M. 1935; amd. Sec. 2, Ch. 65, L. 1939; amd. Sec. 5, Ch. 260, L. 1963; amd. Sec. 18, Ch. 240, L. 1971; amd. Sec. 30, Ch. 94, L. 1973; amd. Sec. 14, Ch. 428, L. 1973; amd. Sec. 3, Ch. 135, L. 1974; Sec. 81-407, R.C.M. 1947; R.C.M. 1947, 81-407(part), 81-413(part).
MT Code § 77-6-106 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-106. Repealed

  77-6-106. Repealed. Sec. 6, Ch. 488, L. 1985.   History: En. Sec. 20, Ch. 60, L. 1927; re-en. Sec. 1805.20, R.C.M. 1935; amd. Sec. 2, Ch. 207, L. 1945; amd. Sec. 1, Ch. 254, L. 1947; amd. Sec. 2, Ch. 201, L. 1949; amd. Sec. 2, Ch. 260, L. 1963; amd. Sec. 2, Ch. 257, L. 1965; amd. Sec. 10, Ch. 428, L. 1973; amd. Sec. 1, Ch. 134, L. 1974; amd. Sec. 2, Ch. 135, L. 1974; R.C.M. 1947, 81-402(4).
MT Code § 77-6-107 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-107. Leases of land wanted for both agricultural and grazing use

  77-6-107. Leases of land wanted for both agricultural and grazing use. If there are applications or bids for renting certain land for grazing purposes and also applications or bids for renting the same land for agricultural purposes, an inspection of the land shall be made by the department at the earliest practical opportunity and a determination made, based on its findings, of the highest and best use which can be made of the land or portions thereof. Any lease of the land subsequent to the applications or bids shall be such as to return to the state revenue commensurate with the highest and best use.   History: En. Sec. 27, Ch. 60, L. 1927; re-en. Sec. 1805.27, R.C.M. 1935; amd. Sec. 3, Ch. 257, L. 1965; amd. Sec. 16, Ch. 428, L. 1973; R.C.M. 1947, 81-413(part).
MT Code § 77-6-108 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-108. Who may lease

  77-6-108. Who may lease. A person may not lease state lands, except one who is the head of a family, unless the person has attained 18 years of age. An eligible person and an association, company, or corporation authorized to hold lands under lease may lease state lands and may hold more than one lease to state lands.   History: En. Sec. 23, Ch. 60, L. 1927; amd. Sec. 2, Ch. 42, L. 1933; re-en. Sec. 1805.23, R.C.M. 1935; amd. Sec. 2, Ch. 65, L. 1939; amd. Sec. 5, Ch. 260, L. 1963; amd. Sec. 18, Ch. 240, L. 1971; amd. Sec. 30, Ch. 94, L. 1973; amd. Sec. 14, Ch. 428, L. 1973; amd. Sec. 3, Ch. 135, L. 1974; R.C.M. 1947, 81-407(part); amd. Sec. 2564, Ch. 56, L. 2009.
MT Code § 77-6-109 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-109. Duration of agricultural or grazing lease

  77-6-109. Duration of agricultural or grazing lease. Except as provided in 77-6-116, a lease for agricultural or grazing lands may not be for a period other than 5 or 10 years.   History: En. Sec. 23, Ch. 60, L. 1927; amd. Sec. 2, Ch. 42, L. 1933; re-en. Sec. 1805.23, R.C.M. 1935; amd. Sec. 2, Ch. 65, L. 1939; amd. Sec. 5, Ch. 260, L. 1963; amd. Sec. 18, Ch. 240, L. 1971; amd. Sec. 30, Ch. 94, L. 1973; amd. Sec. 14, Ch. 428, L. 1973; amd. Sec. 3, Ch. 135, L. 1974; R.C.M. 1947, 81-407(part); amd. Sec. 3, Ch. 488, L. 1985; amd. Sec. 2, Ch. 555, L. 1989; amd. Sec. 15, Ch. 404, L. 2003.
MT Code § 77-6-110 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-110. Lease expiration dates

  77-6-110. Lease expiration dates. Except as provided in 77-6-116, all leases for agricultural lands, grazing lands issued after February 27, 1939, no matter on what date issued, shall expire on February 28 within 10 years from the date on which the lease becomes effective.   History: En. Sec. 24, Ch. 60, L. 1927; re-en. Sec. 1805.24, R.C.M. 1935; amd. Sec. 3, Ch. 65, L. 1939; amd. Sec. 4, Ch. 135, L. 1974; R.C.M. 1947, 81-408; amd. Sec. 3, Ch. 555, L. 1989.
MT Code § 77-6-111 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-111. Terminated

  77-6-111. Terminated. Sec. 2, Ch. 304, L. 1977.   History: En. 81-407.1 by Sec. 1, Ch. 304, L. 1977; R.C.M. 1947, 81-407.1.
MT Code § 77-6-112 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-112. Liens on crops and improvements

  77-6-112. Liens on crops and improvements. (1) The state has a lien upon all crops growing upon any of its land and upon the crops after they have been separated from the land for any rentals and penalties due or delinquent under the lease on the land or becoming due during the calendar year in which the crops are harvested, for any year or part of a year that the land has been held or used by the lessee. This lien applies to all buildings, structures, fences, and other improvements and is prior and superior to all other liens, except thresher's liens and seed liens specified in 71-3-701 and 71-3-801, which have priority, but only for the aggregate amount of the indebtedness then existing, including any advances made, interest due and other charges as evidenced by the original loan-contract, and indebtedness accumulating, exclusive of any other future advances originally contemplated.   (2) Any person acquiring any of these crops or improvements takes them subject to this lien. The department or the sheriff of the county in which the land is located may demand of the lessee payment of the amounts due the state, and if they are not paid upon demand, the officer making the demand or the department may seize and sell, either at a private or public sale, upon giving notice for not less than 3 days of the sale, sufficient of those crops or improvements, or of both, to pay the amounts due the state, together with costs and expenses of seizure and sale. These provisions relating to liens on crops and improvements must be embodied in all leases for agricultural and grazing lands and for town, city, or other lots.   History: En. Sec. 31, Ch. 60, L. 1927; re-en. Sec. 1805.31, R.C.M. 1935; amd. Sec. 20, Ch. 428, L. 1973; R.C.M. 1947, 81-418; amd. Sec. 2565, Ch. 56, L. 2009.
MT Code § 77-6-113 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-113. Lease conditions -- cancellation

  77-6-113. Lease conditions -- cancellation. (1) It is a condition of all leases of agricultural or grazing state lands that:   (a) in the case of agricultural lands, the lessee shall observe the ordinary rules for good management of agricultural lands and shall handle the leased land with the view of maintaining its productivity and minimizing wind and soil erosion and noxious weeds and planting crops with a view of securing the greatest yields of good quality; and   (b) in the case of grazing lands, the lessee shall observe the ordinary rules for good range management and shall manipulate the numbers, class, distribution, and season of the range use and the handling, feeding, breeding, and marketing of grazing livestock with a view of securing the production of the maximum of livestock and livestock products, consistent with the conservation of the land resources and the perpetuation of its productivity, and to these ends the state land lease may not be abused by overgrazing.   (2) For the gross violation of any of these rules, the lease involved must be canceled by the department, subject to the appeal procedure provided in 77-6-211.   (3) This section may not be construed to interfere with the right of the owner of property adjacent to a navigable river or stream to control noxious weeds on the land adjacent to the navigable river or stream.   History: En. Sec. 10, Ch. 207, L. 1945; amd. Sec. 4, Ch. 254, L. 1947; amd. Sec. 3, Ch. 27, L. 1971; amd. Sec. 18, Ch. 428, L. 1973; R.C.M. 1947, 81-415; amd. Sec. 12, Ch. 472, L. 2009.
MT Code § 77-6-114 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-114. Repealed

  77-6-114. Repealed. Sec. 5, Ch. 313, L. 2007.   History: En. Sec. 11, Ch. 195, L. 1939; amd. Sec. 3, Ch. 90, L. 1941; amd. Sec. 3, Ch. 228, L. 1947; R.C.M. 1947, 16-1715(part); amd. Sec. 30, Ch. 607, L. 1985; amd. Sec. 124, Ch. 114, L. 2003.
MT Code § 77-6-115 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-115. Acquisition of water right by lessee -- limitation

  77-6-115. Acquisition of water right by lessee -- limitation. (1) Subject to subsection (4), the lessee of state lands may at any time prior to 1 year before the expiration of the lease make application to the board for permission to secure a water right to the land under the lease. The application must be in writing and must show how much of the land can be irrigated, the permanency of the water supply, and the probable cost of placing the land under irrigation. If the proposed plan meets with the approval of the board, permission must be granted the lessee to secure the desired water right for the land and to place the land under irrigation.   (2) Subject to subsection (4), if the water right becomes a permanent and valuable improvement, then in case of the sale or lease of the land to other parties, the former lessee is entitled to receive compensation in the amount of the reasonable value of the water right, as in the case of other improvements, from the new lessee or the purchaser.   (3) These provisions may not be construed to make the state liable to the lessee for the payment of the cost or value of the irrigation improvements.   (4) A water right acquired under this section may not interfere with a water right used in conjunction with a structure described in 77-1-134.   History: En. Sec. 33, Ch. 60, L. 1927; re-en. Sec. 1805.33, R.C.M. 1935; R.C.M. 1947, 81-420; amd. Sec. 2566, Ch. 56, L. 2009; amd. Sec. 13, Ch. 472, L. 2009.
MT Code § 77-6-116 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-116. Voluntary termination of lease to allow concurrence with federal conservation reserve program -- competitive bidding required

  77-6-116. Voluntary termination of lease to allow concurrence with federal conservation reserve program -- competitive bidding required. (1) A lessee of state land who wishes to enter the state land in the federal conservation reserve program may request voluntary termination of the remainder of the lease prior to scheduled expiration in order to seek a renewal lease that will run concurrently with the federal program. The lessee shall apply for voluntary termination to the department on a form prescribed by the department. The form must specify:   (a) the name of the lessee and a designation of the leased land for which voluntary termination is sought;   (b) the scheduled termination date of the lease; and   (c) the term of eligibility of the land under the federal conservation reserve program.   (2) Upon receipt of a proper application, the department shall terminate the remainder of the lease. When a request for voluntary termination is granted, the department shall fulfill the notification requirements of 77-6-204, and the lease is subject to the same competitive bidding process as renewal leases under 77-6-205. However, the lessee requesting voluntary termination retains the preference right allowed under 77-6-205.   (3) If a lease renewal is granted pursuant to 77-6-205 to a lessee who has requested voluntary termination under this section, the term of the renewal lease must coincide with the term of eligibility under the federal conservation reserve program.   History: En. Sec. 1, Ch. 555, L. 1989.
MT Code § 77-6-201 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-201. Appraisal of grazing lands

  77-6-201. Appraisal of grazing lands. (1) The department shall appraise the grazing lands owned by the state as to their animal-unit-month carrying capacity and make and preserve records of carrying capacity in its office and from time to time reexamine these lands as to their animal-unit-month carrying capacity in order to keep the records in its office reasonably accurate.   (2) In appraising these grazing lands, the following factors must be taken into consideration:   (a) inventory of the forage resources, including kind, amount, and location of vegetation;   (b) accessibility and usability of this forage resource as influenced by topography, availability of stock water, and season of usability;   (c) condition of soils, including the erosion situation;   (d) other and related resources such as timber, game animals, and need for watershed protection;   (e) record of needed improvements and facilities, including fuel and stock water, revegetation, rodent control, trails, fences, and the like;   (f) pertinent facts and figures submitted by stockgrowers living in the area and directors of state grazing districts including the land or in its vicinity;   (g) carrying capacity set for similar land in a state grazing district in which the land is situated.   History: En. Sec. 4, Ch. 207, L. 1945; amd. Sec. 11, Ch. 428, L. 1973; R.C.M. 1947, 81-404; amd. Sec. 2567, Ch. 56, L. 2009.
MT Code § 77-6-202 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-202. Lease by competitive bidding -- full market value required

  77-6-202. Lease by competitive bidding -- full market value required. When the department receives an application to lease an unleased tract, it shall advertise for bids on the tract. The tract must be leased to the highest bidder unless the board determines that the bid is not in the state's best interest for the reasons set forth in 77-6-205(2). The board may not accept a bid that is below full market value. If the high bid is rejected, the board shall set forth the reasons for the rejection in writing. The lease may be issued, at a rental rate to be determined by the board, to the first bidder who is willing to pay the board-determined rate whose name is selected through a random selection process from all bidders on the tract.   History: En. Sec. 21, Ch. 60, L. 1927; re-en. Sec. 1805.21, R.C.M. 1935; amd. Sec. 1, Ch. 65, L. 1939; amd. Sec. 1, Ch. 20, L. 1941; amd. Sec. 5, Ch. 207, L. 1945; amd. Sec. 3, Ch. 260, L. 1963; amd. Sec. 12, Ch. 428, L. 1973; amd. Sec. 1, Ch. 311, L. 1977; R.C.M. 1947, 81-405(3); amd. Sec. 3, Ch. 586, L. 1993; amd. Sec. 288, Ch. 42, L. 1997.
MT Code § 77-6-203 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-203. Bid deposit

  77-6-203. Bid deposit. (1) A person bidding for the lease of state lands shall deposit with the department, as evidence of good faith, a certified check, cashier's check, or money order in an amount equal to 100% of the annual rental bid in the case of grazing land and an amount equal to $20 per acre for each acre of agricultural land contained in the lease in the case of agricultural land on which the bid is made on a crop share basis.   (2) The department shall retain the deposit of the successful bidder, apply it on the rental for the first year of the lease only, and return any balance of the deposit at the end of the first year to the successful bidder. The department shall return the deposits of the unsuccessful bona fide bidders. If the department finds a bid has been submitted that is frivolous, forged, or a bad faith bid or a bid submitted for purposes of harassment, the deposit is forfeited. The department shall make a reasonable attempt to notify the bidder in writing of the forfeiture and reasons therefor.   (3) If the successful bidder fails to execute the lease for any reason, the deposit is forfeited.   (4) The department shall credit all forfeited deposits to the interest and income account of the proper trust.   History: En. Sec. 1, Ch. 185, L. 1963; amd. Sec. 29, Ch. 428, L. 1973; amd. Sec. 1, Ch. 133, L. 1974; R.C.M. 1947, 81-436; amd. Sec. 37, Ch. 281, L. 1983; amd. Sec. 1, Ch. 290, L. 1985; amd. Sec. 1, Ch. 89, L. 2005.
MT Code § 77-6-204 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-204. Notification of termination of lease

  77-6-204. Notification of termination of lease. When a lease expires, is canceled, or is voluntarily terminated under 77-6-116, the department shall immediately notify the holder of the lease and all persons who have expressed an interest in leasing the land during or immediately preceding the term of the expired, canceled, or terminated lease.   History: En. Sec. 23, Ch. 60, L. 1927; amd. Sec. 2, Ch. 42, L. 1933; re-en. Sec. 1805.23, R.C.M. 1935; amd. Sec. 2, Ch. 65, L. 1939; amd. Sec. 5, Ch. 260, L. 1963; amd. Sec. 18, Ch. 240, L. 1971; amd. Sec. 30, Ch. 94, L. 1973; amd. Sec. 14, Ch. 428, L. 1973; amd. Sec. 3, Ch. 135, L. 1974; R.C.M. 1947, 81-407(part); amd. Sec. 4, Ch. 555, L. 1989.
MT Code § 77-6-206 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-206. Withdrawal of lands from leasing

  77-6-206. Withdrawal of lands from leasing. Notwithstanding the foregoing provisions, the board may withdraw any agricultural or grazing land from further leasing for such period as the board determines to be in the best interest of the state. Bids for leases and applications for renewals of leases of state agricultural lands or state grazing lands shall be in writing and sealed and shall be submitted to the board at the office of the department.   History: En. Sec. 21, Ch. 60, L. 1927; re-en. Sec. 1805.21, R.C.M. 1935; amd. Sec. 1, Ch. 65, L. 1939; amd. Sec. 1, Ch. 20, L. 1941; amd. Sec. 5, Ch. 207, L. 1945; amd. Sec. 3, Ch. 260, L. 1963; amd. Sec. 12, Ch. 428, L. 1973; amd. Sec. 1, Ch. 311, L. 1977; R.C.M. 1947, 81-405(4).
MT Code § 77-6-207 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-207. Form of lease -- bond optional

  77-6-207. Form of lease -- bond optional. The general form of lease to state lands shall be prescribed by the board, and no changes in the form for these leases may be made without the approval of the board. All leases shall be issued in duplicate, one copy shall be mailed to the lessee, and one copy shall be preserved by the department. Unless the board decides otherwise, these leases shall be issued without bonds, but the board may require a bond and prescribe the form and conditions thereof whenever it considers it necessary.   History: En. Sec. 29, Ch. 60, L. 1927; re-en. Sec. 1805.29, R.C.M. 1935; amd. Sec. 19, Ch. 428, L. 1973; R.C.M. 1947, 81-416.
MT Code § 77-6-208 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-208. Assignment of leases -- subleasing -- loss of preference right

  77-6-208. Assignment of leases -- subleasing -- loss of preference right. (1) Leases to state lands may be assigned on blanks prescribed by the department, but an assignment is not binding on the state unless the assignment is filed with the department and approved by it and payment made of the assignment fee under 77-1-302.   (2) Preference must always be given to the applicant who wants the land for the applicant's own individual use, so that the full advantage coming from the leasing and use of the lands may reach those who actually till the soil and so that they are not compelled to pay a higher rental than that due the state.   (3) (a) If a lessee, other than a holder of a commercial lease, subleases state lands on terms less advantageous to the sublessee than the terms given by the state, the department shall cancel the lease, subject to the appeal procedure provided in 77-6-211.   (b) If a lessee subleases state lands without filing a copy of the sublease with the department and without receiving the department's approval, the department may cancel the lease, subject to the appeal procedure provided in 77-6-211.   (c) Upon approval by the department, a commercial leaseholder may sublease state land on terms less advantageous to the sublessee than the terms given to the lessee by the state. However, the department may adjust the lease rate to require that the lessee pay the state a portion of what the sublessee pays to the lessee.   (4) The subleasing of state land may result in loss of the preference right to renew the lease as provided in 77-6-212.   (5) An assignment or series of assignments may not be made to avoid the loss of the preference right under 77-6-212.   History: En. Sec. 32, Ch. 60, L. 1927; re-en. Sec. 1805.32, R.C.M. 1935; amd. Sec. 1, Ch. 14, L. 1937; amd. Sec. 12, Ch. 207, L. 1945; amd. Sec. 18, Ch. 121, L. 1965; amd. Sec. 3, Ch. 22, L. 1971; amd. Sec. 4, Ch. 27, L. 1971; amd. Sec. 21, Ch. 428, L. 1973; R.C.M. 1947, 81-419; amd. Sec. 2, Ch. 383, L. 1987; amd. Sec. 1, Ch. 96, L. 1993.