reglab/housing_qa huggingface dataset:
MT Code § 77-6-209 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-209. Change from grazing lease to agricultural lease

  77-6-209. Change from grazing lease to agricultural lease. (1) When land is leased for grazing purposes and the lessee desires to cultivate any part of the land, the lessee shall, before doing any cultivation, make application to the department stating how much land the lessee desires to cultivate and showing the location in the section of the land and agree that for the remainder of the term of the lease the annual rental will be at the rate of the original lease until the time that the first crop is harvested from the cultivated portion of the lease. At the time of the first harvest, the lease must be at the original rate for that portion remaining as grazing land plus the crop share rental for that portion cultivated. If any person cultivates lands leased for grazing purposes without first securing the right to do so under this section, the department shall either cancel the lease, subject to the appeal procedure provided in 77-6-211, or require the lessee to pay twice the regular agricultural rental on the land cultivated in addition to the grazing rental.   (2) The provisions of this section must be incorporated in every lease.   History: En. Sec. 28, Ch. 60, L. 1927; re-en. Sec. 1805.28, R.C.M. 1935; amd. Sec. 9, Ch. 207, L. 1945; amd. Sec. 1, Ch. 120, L. 1963; amd. Sec. 2, Ch. 27, L. 1971; amd. Sec. 17, Ch. 428, L. 1973; R.C.M. 1947, 81-414; amd. Sec. 2568, Ch. 56, L. 2009.
MT Code § 77-6-210 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-210. Cancellation of leases

  77-6-210. Cancellation of leases. (1) The department may cancel a lease for any of the following causes:   (a) fraud, misrepresentation, or concealment of facts relating to its issue, which if known would have prevented its issue in the form or to the party issued;   (b) subleasing state land contrary to the provisions of 77-6-212;   (c) using the land for other purposes than those authorized by the lease;   (d) conviction of the lessee for a felony offense involving a dangerous drug, as defined in Title 50, chapter 32, and involving the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, or concealing of a dangerous drug on any portion of the unit; however, when a state land lease is held by an association, company, or corporation, conviction of a member of the association, company, or corporation under this subsection does not result in cancellation of the lease unless it appears that the operator, manager, or family in control of the association, company, or corporation is a consenting party or privy to the violation of this subsection;   (e) for any other cause which in the judgment of the department makes the cancellation of the lease necessary in order to do justice to all parties concerned and to protect the interests of the state.   (2) Cancellation of a lease under this section does not entitle the lessee to any refund of rentals paid or exemption from the payment of any rentals, penalties, or other compensation due the state.   History: En. Sec. 36, Ch. 60, L. 1927; re-en. Sec. 1805.36, R.C.M. 1935; amd. Sec. 5, Ch. 27, L. 1971; amd. Sec. 23, Ch. 428, L. 1973; R.C.M. 1947, 81-422(1); amd. Sec. 3, Ch. 383, L. 1987; amd. Sec. 2, Ch. 319, L. 1989.
MT Code § 77-6-211 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-211. Procedure to cancel lease -- appeal

  77-6-211. Procedure to cancel lease -- appeal. (1) When the department cancels a lease pursuant to 77-6-113, 77-6-208, 77-6-209, or 77-6-210, it shall immediately notify the lessee by certified mail of the cancellation and the reasons therefor. The date of cancellation is 15 days from the date the notice is received by the lessee.   (2) The lessee has 15 days after the receipt of the notice to file with the department a notice of appeal for a hearing before the board. If notice of appeal is filed, the lease remains in effect until the decision of the board. Within 10 days after notice of appeal has been filed, the department shall set the time and place of hearing and shall so notify the lessee. The board may, after 10 days' notice to the lessee, change the time and place of hearing.   (3) Under rules it adopts, the board shall conduct an open hearing to determine whether the lease should be reinstated. The burden of proof is on the lessee to show why the lease should not be canceled. If the lease is reinstated, all of the lessee's rights and privileges thereunder shall be preserved; if not, the land shall be open for re-leasing as provided by law. If the board finds that the terms of the lease have been violated but in its judgment the violation is not serious enough to warrant cancellation, it may reinstate the lease and assess a penalty up to three times the annual rental against the lessee.   History: En. Sec. 36, Ch. 60, L. 1927; re-en. Sec. 1805.36, R.C.M. 1935; amd. Sec. 5, Ch. 27, L. 1971; amd. Sec. 23, Ch. 428, L. 1973; R.C.M. 1947, 81-422(2), (3).
MT Code § 77-6-212 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-212. Loss of preference right -- cancellation of lease -- subleasing -- pasturing agreements

  77-6-212. Loss of preference right -- cancellation of lease -- subleasing -- pasturing agreements. (1) Except as provided in subsections (3) and (4), a lessee of state land classed as agricultural or grazing land may not exercise the preference right provided in 77-6-205 if the lessee subleases the land for more than 2 years in the term of the lease.   (2) The department shall cancel a lease of state agricultural or grazing land if the lessee subleases the land for more than 3 years during the term of the lease unless the sublease is made between members of a family as provided in subsection (3).   (3) A lessee under subsection (1) or (2) may sublease the land for a period of not more than 5 years without losing the preference right or the lease to state land if, during the term of the lease, the land is subleased only to a spouse, son, daughter, adopted child, or sibling of the lessee.   (4) The lessee does not lose the preference right or right to lease because of subleasing as provided under this section if:   (a) the sublease is one-third or less acres of the lease; or   (b) the sublease is considered to be a pasturing agreement and is approved in writing by the department prior to the initiation of the agreement.   (5) For purposes of this section, a sublease may not be considered a pasturing agreement unless the lessee personally retains management and physical control of the land and livestock. "Management" includes but is not limited to:   (a) providing all costs for improvements, land maintenance, and range renovation, if range renovation is approved by the department;   (b) making all decisions regarding rotation or other placement of livestock on state land;   (c) making all decisions regarding turn-in and turn-out dates of the livestock on state land; and   (d) making all decisions regarding proper range management, including placement of water, fencing, and salt.   (6) A lessee of state land classified as agricultural or grazing land loses the preference right provided in 77-6-205 upon conviction of a felony offense involving a dangerous drug, as defined in Title 50, chapter 32, and involving the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, or concealing of a dangerous drug on any portion of the unit. When a state land lease is held by an association, company, or corporation, conviction of a member of the association, company, or corporation under this subsection does not result in loss of lease preference unless it appears that the operator, manager, or family in control of the association, company, or corporation is a consenting party or privy to the violation of this subsection.   History: En. Sec. 4, Ch. 383, L. 1987; amd. Sec. 3, Ch. 319, L. 1989; amd. Sec. 2569, Ch. 56, L. 2009.
MT Code § 77-6-213 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-213. through 77-6-220 reserved

  77-6-213 through 77-6-220 reserved.
MT Code § 77-6-221 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 2. Leasing Procedure|77-6-221. Unit of land defined

  77-6-221. Unit of land defined. As used in this part, "unit" means privately deeded land or land leased from the state, or a combination of the two, that is under the control of one operator, manager, or family.   History: En. Sec. 1, Ch. 319, L. 1989.
MT Code § 77-6-301 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 3. Improvements|77-6-301. Improvements authorized

  77-6-301. Improvements authorized. A lessee of state lands may place upon the lands a reasonable amount of improvements directly related to conservation of the land or necessary for proper utilization of it. These improvements may consist of fences, cultivation, improvement of the land itself, irrigation ditches, sheds, wells, reservoirs, and similar improvements.   History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part).
MT Code § 77-6-302 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 3. Improvements|77-6-302. Compensation for improvements -- actual costs

  77-6-302. Compensation for improvements -- actual costs. (1) Except for the improvements described in 77-1-134, prior to renewal of a lease, the department shall request from the lessee a listing of improvements on the land associated with the lease, including the reasonable value of the improvements. This information must be provided to any party requesting to bid on the lease. Except for the improvements described in 77-1-134, when another person becomes the lessee of the land, the person shall pay to the former lessee the reasonable value of the improvements. The reasonable value may not be less than the full market value of the improvements.   (2) If the former lessee is unable to produce records establishing the reasonable value or if the former lessee and the new lessee are unable to agree on the reasonable value of the improvements, the value must be ascertained and fixed as provided in 77-6-306. The former lessee shall initiate this process within 60 days of notification from the department that there is a new lessee. The department notification must include an explanation of the requirements of 77-6-306. Failure to initiate the process within this time period results in all improvements, except those described in 77-1-134, becoming the property of the state.   (3) Upon the termination of a lease, the department may grant a license to the former lessee to remove the movable improvements from the land. Upon authorization, the movable improvements must be removed within 60 days or they become the property of the state unless the department for good cause grants additional time for the removal. The department shall charge the former lessee for the period of time that the improvements remain on the land after the termination of the lease.   History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part); amd. Sec. 5, Ch. 586, L. 1993; amd. Sec. 5, Ch. 270, L. 2001; amd. Sec. 1, Ch. 476, L. 2005; amd. Sec. 14, Ch. 472, L. 2009.
MT Code § 77-6-303 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 3. Improvements|77-6-303. Determination of compensation

  77-6-303. Determination of compensation. (1) In determining the value of the improvements described in 77-6-302, consideration must be given to their original cost, their present condition, their suitability for the uses ordinarily made of the land on which they are located, and to the general state of cultivation of the land, its productive capacity as affected by former use, and its condition with reference to the infestation of noxious weeds. Consideration must be given to all actual improvements and to all known effects that the use and occupancy of the land have had upon its productive capacity and desirability for the new lessee.   (2) However, if any of the improvements consist of the original plowing of the land and 1 year's crops have been raised on the land after the plowing, the compensation for the improvement may not exceed $2.50 per acre, and if two or more crops have been raised on the land after the original plowing, the original plowing may not be considered as an improvement to the land.   History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part); amd. Sec. 15, Ch. 472, L. 2009.
MT Code § 77-6-304 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 3. Improvements|77-6-304. Repealed

  77-6-304. Repealed. Sec. 7, Ch. 270, L. 2001.   History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part).
MT Code § 77-6-305 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 3. Improvements|77-6-305. Repealed

  77-6-305. Repealed. Sec. 7, Ch. 270, L. 2001.   History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part); amd. Sec. 6, Ch. 586, L. 1993.
MT Code § 77-6-306 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 3. Improvements|77-6-306. Arbitrators to fix value of improvements

  77-6-306. Arbitrators to fix value of improvements. (1) If the owner of any improvements on state lands of the type authorized by law at the time they were placed on state lands desires to sell these improvements to the new lessee and they are unable to agree on the value of the improvements pursuant to 77-6-302, the value must be ascertained and fixed by three arbitrators, one of whom is appointed by the owner of the improvements, one by the new lessee, and the third by the two appointed arbitrators. If any party refuses to appoint an arbitrator within 15 days of being requested to do so by the director of the department, the director may appoint an arbitrator for that party. An arbitrator appointed by the director has the same duties and powers as if appointed by one of the parties. The value of the improvements must be ascertained and fixed pursuant to 77-6-302.   (2) The reasonable compensation that the arbitrators may fix for their services must be paid in equal shares by the owner of the improvements and the new lessee.   (3) The value of the improvements ascertained and fixed is binding on both parties. If either party is dissatisfied with the valuation, the party may within 10 days appeal from the decision to the department. The department shall examine the records pertaining to the costs of the improvements, and except as provided in subsection (4), its decision is final. The department shall charge and collect the actual cost of the reexamination to the owner and the new lessee in the proportion as, in its judgment, justice may demand.   (4) If either party is dissatisfied with the valuation fixed by the department, the party may within 30 days after receipt of the department's decision petition the district court in the county in which the majority of the state land is located for judicial review of the decision.   History: En. Sec. 22, Ch. 60, L. 1927; re-en. Sec. 1805.22, R.C.M. 1935; amd. Sec. 4, Ch. 260, L. 1963; Sec. 81-406, R.C.M. 1947; redes. 81-421.1 and amd. by Sec. 13, Ch. 428, L. 1973; R.C.M. 1947, 81-421.1; amd. Sec. 1, Ch. 38, L. 1983; amd. Sec. 7, Ch. 586, L. 1993; amd. Sec. 327, Ch. 418, L. 1995; amd. Sec. 2, Ch. 476, L. 2005.
MT Code § 77-6-401 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 4. Pledges and Mortgages of Leasehold Interests|77-6-401. Pledge or mortgage of leasehold interest in state lands

  77-6-401. Pledge or mortgage of leasehold interest in state lands. Any lessee of a grazing or agricultural lease of state lands is authorized to pledge the lease or mortgage the leasehold interest in the lands.   History: En. Sec. 1, Ch. 52, L. 1947; R.C.M. 1947, 81-425; amd. Sec. 2570, Ch. 56, L. 2009.
MT Code § 77-6-402 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 4. Pledges and Mortgages of Leasehold Interests|77-6-402. Filing with department required

  77-6-402. Filing with department required. The pledgee of such lease or the mortgagee of such leasehold interest shall, within 30 days after receipt of the pledge agreement or mortgage, file it or a certified copy thereof with the department.   History: En. Sec. 2, Ch. 52, L. 1947; amd. Sec. 21, Ch. 121, L. 1965; amd. Sec. 4, Ch. 22, L. 1971; amd. Sec. 26, Ch. 428, L. 1973; R.C.M. 1947, 81-426.
MT Code § 77-6-403 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 4. Pledges and Mortgages of Leasehold Interests|77-6-403. Transfer of lease

  77-6-403. Transfer of lease. (1) Except as provided in subsection (2), upon due proof that a person has acquired through foreclosure or conveyance the pledgor's or mortgagor's leasehold interest, the board shall transfer the lease to that person, who is subject to all the conditions, obligations, and liabilities and entitled to all the rights and privileges provided for in the lease. To authorize transfer of a lease, a decree of foreclosure must specifically refer to the lease or the leased premises, but neither the board nor the department is required to be named as a party to the action. The plaintiff shall, however, file a copy of the complaint with the department at the time it is filed with the court.   (2) Nothing in this section may be construed to require the board to complete the transfer of a lease to an assignee whom the board considers unqualified as a lessee of state lands.   History: En. Sec. 3, Ch. 52, L. 1947; R.C.M. 1947, 81-427; amd. Sec. 1, Ch. 679, L. 1991.
MT Code § 77-6-404 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 4. Pledges and Mortgages of Leasehold Interests|77-6-404. Proof of termination of pledge or mortgage to be filed

  77-6-404. Proof of termination of pledge or mortgage to be filed. The lessee of any grazing or agricultural lease of or leasehold interest in state lands which is pledged or mortgaged as provided in this part shall, within 30 days after payment of the indebtedness secured thereby or within 30 days after the pledge agreement is terminated or the leasehold interest is released from the mortgage, file with the department proof of that fact.   History: En. Sec. 4, Ch. 52, L. 1947; amd. Sec. 20, Ch. 121, L. 1965; amd. Sec. 5, Ch. 22, L. 1971; amd. Sec. 27, Ch. 428, L. 1973; R.C.M. 1947, 81-428.
MT Code § 77-6-501 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 5. Rental Provisions|77-6-501. Agricultural leases

  77-6-501. Agricultural leases. (1) For agricultural land, all leases except lease renewals upon which the lessee has made improvements at the lessee's expense, as provided in subsection (3), must be continued or made upon a crop share rental basis of not less than one-fourth of the annual crops to the state or the usual landlord's share prevailing in the district, whichever is greater. The board may, however, approve special crop share rentals of less than one-fourth for high production cost crops, such as but not limited to potatoes and sugar beets, or for high production cost methods when these methods would result in more income to the state. The board may not delegate the authority to approve special crop share rentals.  (2) Except in the case of cash lease renewals under subsection (3), if it is in the best interests of the state, the department may authorize a lease upon other bases than crop share, but in these cases, the rental must at least equal the value of the usual landlord's share prevailing in the district under similar circumstances, and the department shall set forth in the records the conditions of the case and the rental to be charged.   (3) Subject to 77-1-134, in a case in which the lessee has made substantial improvements for irrigation purposes to the lease at the lessee's own expense, the department shall authorize a cash lease renewal at not less than $15 an acre on the portion of the lease that has been improved.   (4) For all agricultural leases issued through competitive bidding provided for under 77-6-202 or 77-6-205, the department shall require on any competitive bid greater than a one-third crop share a minimum annual guarantee of not less than $15 an acre.   (5) The department shall set annual hay prices based on round bales for agricultural leases under the jurisdiction of the regional land offices.   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(part); amd. Sec. 1, Ch. 54, L. 1985; amd. Sec. 1, Ch. 168, L. 1993; amd. Sec. 1, Ch. 5, L. 1999; amd. Sec. 16, Ch. 472, L. 2009; (5)En. Sec. 1, Ch. 397, L. 2021.
MT Code § 77-6-502 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 5. Rental Provisions|77-6-502. Grazing leases

  77-6-502. Grazing leases. (1) The rental rate for leasing all state grazing lands must attain full market value based upon the appraised animal-unit-month carrying capacity of the land as provided in 77-6-507.   (2) If the board raises the rentals for state grazing lands during the term of any leases of grazing land that are not issued as a result of competitive bidding, the lessee shall, for the years after the increase becomes effective, pay the increased rental, and the terms of grazing leases must provide for the increase.   History: (1)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; Sec. 81-402, 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, 81-402(part), 81-407(part); amd. Sec. 8, Ch. 586, L. 1993.