reglab/housing_qa huggingface dataset:
MT Code § 76-6-102 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 1. General Provisions|76-6-102. Intent, findings, and policy

  76-6-102. Intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Open-Space Land and Voluntary Conservation Easement Act. It is the legislature's intent that the requirements of this chapter provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.   (2) The legislature finds that:   (a) the rapid growth and spread of urban development are creating critical problems of service and finance for the state and local governments;   (b) the present and future rapid population growth in urban areas is creating severe problems of urban and suburban living;   (c) this population spread and its attendant development are disrupting and altering the remaining natural areas, biotic communities, and geological and geographical formations and thereby providing the potential for the destruction of scientific, educational, aesthetic, and ecological values;   (d) the present and future rapid population spread throughout the state of Montana into its open spaces is creating serious problems of lack of open space and overcrowding of the land;   (e) to lessen congestion and to preserve natural, ecological, geographical, and geological elements, the provision and preservation of open-space lands are necessary to secure park, recreational, historic, and scenic areas and to conserve the land, its biotic communities, its natural resources, and its geological and geographical elements in their natural state;   (f) the acquisition or designation of interests and rights in real property by certain qualifying private organizations and by public bodies to provide or preserve open-space land is essential to the solution of these problems, the accomplishment of these purposes, and the health and welfare of the citizens of the state;   (g) the exercise of authority to acquire or designate interests and rights in real property to provide or preserve open-space land and the expenditure of public funds for these purposes would be for a public purpose; and   (h) the statutory provision enabling certain qualifying private organizations to acquire interests and rights in real property to provide or preserve open-space land is in the public interest.   History: En. Sec. 2, Ch. 337, L. 1969; amd. Sec. 2, Ch. 489, L. 1975; R.C.M. 1947, 62-602(part); amd. Sec. 25, Ch. 361, L. 2003.
MT Code § 76-6-103 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 1. General Provisions|76-6-103. Purposes

  76-6-103. Purposes. In accordance with the findings in 76-6-102, the legislature states that the purposes of this chapter are to:   (1) authorize and enable public bodies and certain qualifying private organizations voluntarily to provide for the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest;   (2) provide for the preservation of other significant open-space land anywhere in the state either in perpetuity or for a term of years; and   (3) encourage private participation in such a program by establishing the policy to be utilized in determining the property tax to be levied upon the real property which is subject to the provisions of this chapter.   History: En. Sec. 2, Ch. 337, L. 1969; amd. Sec. 2, Ch. 489, L. 1975; R.C.M. 1947, 62-602(part).
MT Code § 76-6-104 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 1. General Provisions|76-6-104. Definitions

  76-6-104. Definitions. The following terms whenever used or referred to in this chapter shall have the following meanings unless a different meaning is clearly indicated by the context:   (1) "Comprehensive planning" means planning for development and shall include:   (a) preparation of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities, together with long-range fiscal plans for such development as a guide for long-range development;   (b) programming and financing plans for capital improvements;   (c) coordination of all related plans and planned activities at both the intragovernmental and intergovernmental levels; and   (d) preparation of regulatory and administrative measures in support of the foregoing.   (2) "Conservation easement" means an easement or restriction, running with the land and assignable, whereby an owner of land voluntarily relinquishes to the holder of such easement or restriction any or all rights to construct improvements upon the land or to substantially alter the natural character of the land or to permit the construction of improvements upon the land or the substantial alteration of the natural character of the land, except as this right is expressly reserved in the instruments evidencing the easement or restriction.   (3) "Open-space land" means any land which is provided or preserved for:   (a) park or recreational purposes;   (b) conservation of land or other natural resources;   (c) historic or scenic purposes; or   (d) assisting in the shaping of the character, direction, and timing of community development.   (4) "Public body" means the state, counties, cities, towns, and other municipalities.   (5) "Qualified private organization" means a private organization:   (a) competent to own interests in real property;   (b) which qualifies and holds a general tax exemption under the federal Internal Revenue Code, section 501(c); and   (c) whose organizational purposes are designed to further the purposes of this chapter.   (6) "Urban area" means any area which is urban in character, including surrounding areas which form an economic and socially related region, taking into consideration such factors as present and future population trends and patterns of urban growth, location of transportation facilities and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activities.   History: En. Sec. 3, Ch. 337, L. 1969; amd. Sec. 3, Ch. 489, L. 1975; R.C.M. 1947, 62-603(part).
MT Code § 76-6-105 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 1. General Provisions|76-6-105. Construction of chapter

  76-6-105. Construction of chapter. (1) To the extent that the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter are controlling. The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law.   (2) This chapter may not be construed to imply that any easement, covenant, condition, or restriction that does not have the benefit of this chapter is not enforceable based on any provisions of this chapter. This chapter does not diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain pursuant to Title 70, chapter 30, or otherwise and to use land for public purposes.   History: (1)En. Sec. 9, Ch. 337, L. 1969; Sec. 62-609, R.C.M. 1947; (2)En. 62-618 by Sec. 14, Ch. 489, L. 1975; Sec. 62-618, R.C.M. 1947; R.C.M. 1947, 62-609(part), 62-618; amd. Sec. 279, Ch. 42, L. 1997; amd. Sec. 94, Ch. 125, L. 2001.
MT Code § 76-6-106 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 1. General Provisions|76-6-106. Acquisition and designation of real property by public body

  76-6-106. Acquisition and designation of real property by public body. To carry out the purposes of this chapter, any public body may:   (1) acquire by purchase, gift, devise, bequest, or grant title to or any interests or rights in real property, including land and water, that will provide a means for the preservation or provision of significant open-space land or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest, or both;   (2) designate any real property, including land and water, in which it has an interest to be retained and used for the preservation and provision of significant open-space land or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interests, or both.   History: En. Sec. 4, Ch. 337, L. 1969; amd. Sec. 4, Ch. 489, L. 1975; R.C.M. 1947, 62-604(part).
MT Code § 76-6-107 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 1. General Provisions|76-6-107. Conversion or diversion of open-space land

  76-6-107. Conversion or diversion of open-space land. (1) Open-space land, the title to or interest or right in which has been acquired under this chapter, may not be converted or diverted from open-space land use unless the conversion or diversion is:   (a) necessary to the public interest;   (b) not in conflict with the program of comprehensive planning for the area; and   (c) permitted by the conditions imposed at the time of the creation of the conservation easement, in the terms of the acquisition agreement, or by the governing body resolution.   (2) Other real property of at least equal fair market value and of as nearly as feasible equivalent usefulness and location for use as open-space land must be substituted within a reasonable period not exceeding 3 years for any real property converted or diverted from open-space land use. Property substituted is subject to the provisions of this chapter.   History: En. Sec. 5, Ch. 337, L. 1969; amd. Sec. 5, Ch. 489, L. 1975; R.C.M. 1947, 62-605(1); amd. Sec. 1, Ch. 88, L. 2005.
MT Code § 76-6-108 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 1. General Provisions|76-6-108. Conveyance or lease of open-space lands

  76-6-108. Conveyance or lease of open-space lands. A grantee may convey or lease any real property it has acquired or which has been designated for the purposes of this chapter. The conveyance or lease shall be subject to contractual arrangements that will preserve the property as open-space land and which are consistent with the express terms and conditions of the grant unless the property is to be converted or diverted from open-space land use in accordance with the provisions of 76-6-107.   History: En. Sec. 5, Ch. 337, L. 1969; amd. Sec. 5, Ch. 489, L. 1975; R.C.M. 1947, 62-605(2).
MT Code § 76-6-110 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 1. General Provisions|76-6-110. Authorization and funding for planning commission

  76-6-110. Authorization and funding for planning commission. (1) The state, counties, cities, towns, or other municipalities in an urban area, acting jointly or in cooperation, are authorized to perform comprehensive planning for the urban area and to establish and maintain a planning commission for this purpose and related planning activities.   (2) Funds may be appropriated and made available for the comprehensive planning. Financial or other assistance from the federal government and any other public or private sources may be accepted and utilized for the planning.   History: En. Sec. 7, Ch. 337, L. 1969; R.C.M. 1947, 62-607.
MT Code § 76-6-201 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-201. Conservation easements in general

  76-6-201. Conservation easements in general. (1) Where a public body acquires under this chapter an interest in land less than fee, this acquisition shall be by conservation easement.   (2) A conservation easement may be applied to urban or nonurban land.   History: En. Secs. 3, 4, Ch. 337, L. 1969; amd. Secs. 3, 4, Ch. 489, L. 1975; R.C.M. 1947, 62-603(part), 62-604(part).
MT Code § 76-6-202 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-202. Duration of conservation easements

  76-6-202. Duration of conservation easements. Conservation easements may be granted either in perpetuity or for a term of years. If granted for a term of years, that term may not be less than 15 years. An easement granted for a term of years may be renewed for a term of 15 or more years upon the execution of a new granting instrument by the parties.   History: En. Sec. 3, Ch. 337, L. 1969; amd. Sec. 3, Ch. 489, L. 1975; R.C.M. 1947, 62-603(part).
MT Code § 76-6-203 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-203. Types of permissible easements

  76-6-203. Types of permissible easements. Easements or restrictions under this chapter may prohibit or limit any or all of the following:   (1) structures--construction or placing of buildings, camping trailers, housetrailers, mobile homes, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;   (2) landfill--dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials;   (3) vegetation--removal or destruction of trees, shrubs, or other vegetation;   (4) loam, gravel, etc.--excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance;   (5) surface use--surface use except for such purposes permitting the land or water area to remain predominantly in its existing condition;   (6) acts detrimental to conservation--activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat and preservation;   (7) subdivision of land--subdivision of land as defined in 76-3-103 and 76-3-104;   (8) other acts--other acts or uses detrimental to such retention of land or water areas in their existing conditions.   History: En. 62-610 by Sec. 7, Ch. 489, L. 1975; R.C.M. 1947, 62-610; amd. Sec. 16, Ch. 266, L. 1979; amd. Sec. 12, Ch. 379, L. 2013.
MT Code § 76-6-204 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-204. Acquisition of conservation easements by qualified private organizations

  76-6-204. Acquisition of conservation easements by qualified private organizations. Any qualified private organization may acquire by a conservation easement, by purchase, or by gift, devise, bequest, or grant title to any interest or interests in rights in real property, including land and water, that will provide a means for the preservation or provision of permanent significant open-space land and/or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest.   History: En. 62-611 by Sec. 8, Ch. 489, L. 1975; R.C.M. 1947, 62-611.
MT Code § 76-6-205 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-205. Assignability of easements

  76-6-205. Assignability of easements. For the purposes of this chapter, all conservation easements shall be assignable unless the instrument of conveyance or ownership expressly stipulates otherwise. No conservation easement shall be unenforceable on account of the benefit being assignable or being assigned to any other government body or private organization unless such assignment has violated the express terms of the instrument of conveyance or ownership. The assignees must be qualified under the terms of this chapter to hold a conservation easement.   History: En. 62-613 by Sec. 10, Ch. 489, L. 1975; R.C.M. 1947, 62-613.
MT Code § 76-6-206 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-206. Review by local planning authority

  76-6-206. Review by local planning authority. In order to minimize conflict with local comprehensive planning, all conservation easements shall be subject to review prior to recording by the appropriate local planning authority for the county within which the land lies. It shall be the responsibility of the entity acquiring the conservation easement to present the proposed conveyance of the conservation easement to the appropriate local planning authority. The local planning authority shall have 90 days from receipt of the proposed conveyance within which to review and to comment upon the relationship of the proposed conveyance to comprehensive planning for the area. Such comments will not be binding on the proposed grantor or grantee but shall be merely advisory in nature. The proposed conveyance may be recorded after comments have been received from the local planning authority or the local planning authority has indicated in writing it will have no comments or 90 days have elapsed, whichever occurs first.   History: En. 62-614 by Sec. 11, Ch. 489, L. 1975; R.C.M. 1947, 62-614.
MT Code § 76-6-207 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-207. Recording and description of easement

  76-6-207. Recording and description of easement. (1) All conservation easements must be recorded in the county where the land lies so as to effect the land's title in the manner of other conveyances of interest in land and must describe the land subject to the conservation easement by adequate legal description or by reference to a recorded plat showing its boundaries.   (2) (a) The county clerk and recorder shall, upon recording, place a copy of the conservation easement in a separate file within the office of the county clerk and recorder.   (b) The county clerk and recorder shall provide a copy of the conservation easement to the department of revenue office in that county within 30 days of the receipt of the original conservation easement.   History: En. 62-615 by Sec. 12, Ch. 489, L. 1975; R.C.M. 1947, 62-615; amd. Sec. 3, Ch. 352, L. 2007.
MT Code § 76-6-208 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-208. Taxation of property subject to conservation easement

  76-6-208. Taxation of property subject to conservation easement. (1) Assessments made for taxation on property subject to a conservation easement either in perpetuity or for a term of years, where a public body or a qualifying private organization holds the conservation easement, shall be determined on the basis of the restricted purposes for which the property may be used. The minimum assessed value for land subject to an easement conveyed under this chapter may not be less than the actual assessed value of such land in calendar year 1973. Any land subject to such easement may not be classified into a class affording a lesser assessed valuation solely by reason of the creation of the easement. The value of the interest held by a public body or qualifying private organization shall be exempt from property taxation.   (2) Expiration of an easement granted for a term of years shall not result in a reassessment of the land for property tax purposes if the easement is renewed and the granting instrument reflecting the renewed easement is executed and properly filed not later than 15 days after the date of expiration.   History: En. Sec. 8, Ch. 337, L. 1969; amd. Sec. 6, Ch. 489, L. 1975; R.C.M. 1947, 62-608.
MT Code § 76-6-209 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-209. Easements to run with the land

  76-6-209. Easements to run with the land. The provisions of 70-17-202 and 70-17-203(1) and (2) notwithstanding, for the purposes of this chapter, all conservation easements, whether held by public bodies or qualifying private organizations, shall be considered to run with the land, whether or not such fact is stipulated in the instrument of conveyance or ownership.   History: En. 62-612 by Sec. 9, Ch. 489, L. 1975; R.C.M. 1947, 62-612(part).
MT Code § 76-6-210 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-210. Enforcement

  76-6-210. Enforcement. (1) Conservation easements may be enforced by injunction or proceedings in equity. Representatives of the grantee of the conservation easement shall be entitled to enter the land in a reasonable manner and at reasonable times to assure compliance.   (2) No conservation easement shall be unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land or on account of such conservation easement not being an appurtenant easement or because such easement is an easement in gross.   History: En. 62-612, 62-616 by Secs. 9, 13, Ch. 489, L. 1975; R.C.M. 1947, 62-612(part), 62-616.
MT Code § 76-6-211 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-211. Who may enforce easement

  76-6-211. Who may enforce easement. (1) The owner of any estate in a dominant tenement or the occupant of such tenement may maintain an action for the enforcement of an easement attached thereto.   (2) Public bodies holding conservation easements shall enforce the provisions of these easements.   History: (1)En. Sec. 1258, Civ. C. 1895; re-en. Sec. 4515, Rev. C. 1907; re-en. Sec. 6757, R.C.M. 1921; Cal. Civ. C. Sec. 809; Field Civ. C. Sec. 253; re-en. Sec. 6757, R.C.M. 1935; Sec. 67-609, R.C.M. 1947; redes. 62-617 by Sec. 15, Ch. 489, L. 1975; Sec. 62-617, R.C.M. 1947; (2)En. Sec. 4, Ch. 337, L. 1969; amd. Sec. 4, Ch. 489, L. 1975; Sec. 62-604, R.C.M. 1947; R.C.M. 1947, 62-604(part), 62-617.
MT Code § 76-6-212 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 2. Conservation Easements|76-6-212. Additional reporting procedures -- coordination of information collection, transfer, and accessibility

  76-6-212. Additional reporting procedures -- coordination of information collection, transfer, and accessibility. (1) A public body or qualified private organization holding a conservation easement before October 1, 2007, shall mail or electronically transfer a copy of that conservation easement to the department of revenue within 6 months of October 1, 2007.   (2) The department of revenue shall review conservation easement agreements collected pursuant to 76-6-207 and subsection (1) of this section and record the:   (a) legal description of the conservation easement as it relates to the established property boundaries identified in the conservation easement agreement;   (b) approximate acreage as identified in the conservation easement agreement;   (c) date of the conservation easement agreement;   (d) book and page or document number as provided for in 7-4-2617; and   (e) name of the conservation easement grantee.   (3) (a) The department of revenue shall transfer conservation easement information collected pursuant to 76-6-207 and subsections (1) and (2) of this section to the state library.   (b) The department of revenue shall coordinate with the state library to develop procedures regarding the collection and transfer of conservation easement information between the two agencies.   (c) The state library shall convert conservation easement information received from the department of revenue to a digital format for land information purposes authorized in Title 90, chapter 1, part 4, that can be accessed through the state library's website.   (d) The state library shall incorporate the conservation easement data into appropriate databases developed or maintained by the Montana natural heritage program for the purposes of Title 90, chapter 15.   History: En. Sec. 5, Ch. 352, L. 2007; amd. Sec. 3, Ch. 175, L. 2013.