reglab/housing_qa huggingface dataset:
MT Code § 77-2-101 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 1. Easements|77-2-101. Easements for specific uses

  77-2-101. Easements for specific uses. (1) Upon proper application as provided in 77-2-102, the board may grant easements on state lands for the following purposes:   (a) schoolhouse sites and grounds;   (b) public parks;   (c) community buildings;   (d) cemeteries;   (e) conservation purposes:   (i) to the department of fish, wildlife, and parks for parcels that are surrounded by or adjacent to land owned by the department of fish, wildlife, and parks as of January 1, 2001;   (ii) to a nonprofit corporation for parcels that are surrounded by or adjacent to land owned by that same nonprofit corporation as of January 1, 2001; and   (iii) to a nonprofit corporation for the Owen Sowerwine natural area located within section 16, township 28 north, range 21 west, in Flathead County; and   (f) for other public uses.   (2) The board may grant easements on state lands for the following purposes:   (a) right-of-way across or upon any portion of state lands for any public highway or street, any ditch, reservoir, railroad, private road, or telegraph or telephone line, or any other public use as defined in 70-30-102;   (b) any private building or private sewage system that encroaches on state lands; or   (c) the use of the bed of a navigable river pursuant to 77-1-1112 or 77-1-1115.   History: (1)En. Sec. 57, Ch. 60, L. 1927; re-en. Sec. 1805.57, R.C.M. 1935; amd. Sec. 6, Ch. 257, L. 1965; amd. Sec. 53, Ch. 428, L. 1973; Sec. 81-802, R.C.M. 1947; (2)En. Sec. 62, Ch. 60, L. 1927; re-en. Sec. 1805.62, R.C.M. 1935; amd. Sec. 2, Ch. 108, L. 1939; Sec. 81-804, R.C.M. 1947; R.C.M. 1947, 81-802, 81-804(part); amd. Sec. 1, Ch. 230, L. 2001; amd. Sec. 9, Ch. 475, L. 2009; amd. Sec. 12, Ch. 359, L. 2011.
MT Code § 77-2-103 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 1. Easements|77-2-103. Processing of application

  77-2-103. Processing of application. (1) Upon the filing of an application and plats, the department shall, whenever it considers it necessary, examine the proposed right-of-way and report its findings to the board. The board shall consider the application and report and take any action it considers proper, including the fixing of compensation and damages to be paid to the state. The compensation must be the full market value of the estate or interest disposed of through the granting of the right-of-way easement, and the damages must be the actual damages resulting to the remaining land as nearly as they can be ascertained. If the right-of-way is granted according to the plat, the plat is the official plat of the right-of-way and must be retained in the office of the department.   (2) If the state land over or through which a right-of-way is applied for is under certificate of purchase or sales contract, the purchaser or the purchaser's assignee must be made a party to the proceedings and the purchaser's or assignee's consent in writing to the laying out and establishment of the proposed highway, street, or other easement and to the amount of compensation and damages to be paid must be filed with the board before the right-of-way is granted. The board is the judge of how much compensation and damages must be paid to the state and applied on the certificate of purchase or sales contract and of how much, if any, must be paid to the purchaser, as the circumstances in each individual case warrant. This subsection applies to all grants of rights-of-way on state lands.   (3) If the purpose of the right-of-way applied for is a regional water authority provided for in Title 75, chapter 6, part 3, the provisions of 77-2-351 related to public entities apply.   History: En. Sec. 61, Ch. 60, L. 1927; re-en. Sec. 1805.61, R.C.M. 1935; amd. Sec. 1, Ch. 108, L. 1939; amd. Sec. 1, Ch. 99, L. 1951; amd. Sec. 1, Ch. 203, L. 1953; amd. Sec. 1, Ch. 200, L. 1965; amd. Sec. 54, Ch. 428, L. 1973; R.C.M. 1947, 81-803(2), (3); amd. Sec. 2, Ch. 300, L. 1995; amd. Sec. 1, Ch. 141, L. 2011.
MT Code § 77-2-104 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 1. Easements|77-2-104. Nature of easements

  77-2-104. Nature of easements. Easements granted under 77-2-102 and 77-2-103 include permission to install and maintain poles, anchors, and other appurtenances necessary for the mechanical support of the transmission or distribution lines.   History: En. Sec. 61, Ch. 60, L. 1927; re-en. Sec. 1805.61, R.C.M. 1935; amd. Sec. 1, Ch. 108, L. 1939; amd. Sec. 1, Ch. 99, L. 1951; amd. Sec. 1, Ch. 203, L. 1953; amd. Sec. 1, Ch. 200, L. 1965; amd. Sec. 54, Ch. 428, L. 1973; R.C.M. 1947, 81-803(part).
MT Code § 77-2-105 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 1. Easements|77-2-105. Termination of easements

  77-2-105. Termination of easements. Whenever lands granted for any of the purposes mentioned in 77-2-101(2) cease to be used for those purposes, the easement terminates upon notice to that effect to the person to whom the grant was made, served at the person's last-known post-office address.   History: En. Sec. 62, Ch. 60, L. 1927; re-en. Sec. 1805.62, R.C.M. 1935; amd. Sec. 2, Ch. 108, L. 1939; R.C.M. 1947, 81-804(part); amd. Sec. 2545, Ch. 56, L. 2009.
MT Code § 77-2-106 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 1. Easements|77-2-106. Charge for granting of easement -- in-kind payments for easements

  77-2-106. Charge for granting of easement -- in-kind payments for easements. (1) The board shall charge and collect the full market value of the estate or interest disposed of through the granting of any easement and also fix, charge, and collect the amount of the actual damages resulting to the remaining land from the granting of an easement as nearly as the damages can be ascertained.   (2) The board may accept, as lawful consideration, in-kind payments of services and materials equal to the full market value of any easement upon state trust land.   History: En. Sec. 62, Ch. 60, L. 1927; re-en. Sec. 1805.62, R.C.M. 1935; amd. Sec. 2, Ch. 108, L. 1939; R.C.M. 1947, 81-804(part); amd. Sec. 3, Ch. 18, L. 1999; amd. Sec. 14, Ch. 404, L. 2003.
MT Code § 77-2-107 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 1. Easements|77-2-107. Involvement of lessee when land subject to prior lease

  77-2-107. Involvement of lessee when land subject to prior lease. (1) Whenever any kind of right-of-way easement has been granted under this part and the state land in which it is granted is under lease, the party receiving the grant shall give timely notice to the lessee and shall make just settlement with the lessee for any damages resulting to the lessee's improvements, crops, or leasehold interests.  (2) After the settlement is made, the lessee shall open or move any fences that may obstruct the right-of-way over the lands under lease and otherwise cooperate in the opening of the right-of-way. Proof must be filed with the board that the settlement has been made before the deed to the easement is issued.   (3) (a) If the lessee and the party receiving the right-of-way easement are unable to agree on the value of the damages resulting from the easement, the value of the damages must be ascertained and fixed by three arbitrators, one of whom must be appointed by the lessee, one by the party receiving the easement, and the third by the two appointed arbitrators.   (b) If a 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.   (c) The arbitrators may fix reasonable compensation for their services. The compensation must be paid in equal shares by the owner of the easement and the lessee.   (d) The value of the damages as ascertained and fixed by the arbitrators is binding on both parties; however, if either party is dissatisfied with the valuation, the party may, within 10 days, appeal from their decision to the department. The department shall examine the easements, and, except as provided in subsection (3)(e), its decision on the appeal is final. The department shall collect the actual cost of the reexamination from the owner of the easement and the lessee in the proportion that, in its judgment, justice may demand.   (e) 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. 63, Ch. 60, L. 1927; re-en. Sec. 1805.63, R.C.M. 1935; amd. Sec. 3, Ch. 108, L. 1939; R.C.M. 1947, 81-805; amd. Sec. 1, Ch. 39, L. 1983; amd. Sec. 318, Ch. 418, L. 1995; amd. Sec. 45, Ch. 535, L. 2021.
MT Code § 77-2-108 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 1. Easements|77-2-108. Repealed

  77-2-108. Repealed. Sec. 4, Ch. 157, L. 1981.   History: En. Sec. 56, Ch. 60, L. 1927; amd. Secs. 1, 2, 3 and 4, Ch. 37, Ex. L. 1933; re-en. Sec. 1805.56, R.C.M. 1935; amd. Sec. 1, Ch. 80, L. 1945; amd. Sec. 52, Ch. 428, L. 1973; R.C.M. 1947, 81-801(2), (3).
MT Code § 77-2-201 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-201. Exchange of land with United States or tribal governments

  77-2-201. Exchange of land with United States or tribal governments. (1) (a) The board may enter into contracts or agreements with the United States or any department thereof having jurisdiction for the waiving and relinquishment to the United States of any rights of the state in and to sections 16 and 36 of any township and to any other parcel of state lands, provided that the state shall, in lieu of the rights so waived and relinquished, receive from the United States other lands of equal or greater value.   (b) The current user of the land transferred to the United States may continue to enjoy the use of the land under terms and conditions required by the federal government and in accordance with Public Law 88-607, as amended, (43 U.S.C. 1411 through 1418), and the current user of the land received from the United States may continue to utilize the land on the terms and conditions imposed by law or by the board.   (2) The board may enter into a contract or agreement with a tribal government as defined in 18-11-102 or with the United States for the relinquishment to the tribal government or to the United States in trust for the tribal government of any rights of the state to some or all state lands located wholly within the exterior boundaries of the tribal government's reservation as recognized by the federal government; however, the state, in exchange for these relinquished rights, must receive from the tribal government or the United States lands of equal or greater value. No contract or agreement may be entered into under this section without first consulting with the board of county commissioners of the county or counties in which the lands to be exchanged are located.   History: En. Sec. 19, Ch. 60, L. 1927; amd. Sec. 1, Ch. 151, L. 1933; re-en. Sec. 1805.19, R.C.M. 1935; amd. Sec. 1, Ch. 117, L. 1951; amd. Sec. 1, Ch. 257, L. 1965; amd. Sec. 1, Ch. 39, L. 1967; amd. Sec. 9, Ch. 428, L. 1973; R.C.M. 1947, 81-304(1), (3); amd. Sec. 7, Ch. 15, L. 1979; amd. Sec. 1, Ch. 628, L. 1985.
MT Code § 77-2-202 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-202. Repealed

  77-2-202. Repealed. Sec. 3, Ch. 139, L. 2001.   History: En. Sec. 19, Ch. 60, L. 1927; amd. Sec. 1, Ch. 151, L. 1933; re-en. Sec. 1805.19, R.C.M. 1935; amd. Sec. 1, Ch. 117, L. 1951; amd. Sec. 1, Ch. 257, L. 1965; amd. Sec. 1, Ch. 39, L. 1967; amd. Sec. 9, Ch. 428, L. 1973; R.C.M. 1947, 81-304(2).
MT Code § 77-2-203 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-203. Exchange for nongovernment, state government, and other state and local public entity land

  77-2-203. Exchange for nongovernment, state government, and other state and local public entity land. (1) Subject to subsection (2), the board is authorized to exchange state land for land owned by:   (a) the state or an agency of the state;   (b) a political subdivision of the state, including a county, city, town, public corporation, or district created pursuant to state law;   (c) any other public body of the state; or   (d) a nongovernmental entity, including but not limited to an individual, association, partnership, or corporation.   (2) The board may exchange the land described in subsection (1) if the land is of equal or greater value, as determined by the board after appraisal by a qualified land appraiser, than the state land and as closely as possible equal in area. The contents of the appraisal must be made available to any person who makes a written request to the board. The board shall place priority on exchanges that result in consolidation of state lands into more compact bodies. This section does not apply to exchanges undertaken under 76-12-107.   (3) If the requirements of 77-2-204 and subsections (1) and (2) of this section are met, state lands bordering on navigable lakes and streams or other bodies of water with significant public use value may be exchanged for nongovernment-owned land if the nongovernment-owned land borders on similar navigable lakes, streams, or other bodies of water.   History: En. Sec. 1, Ch. 472, L. 1975; R.C.M. 1947, 81-307(1), (3); amd. Sec. 2, Ch. 136, L. 1983; amd. Sec. 1, Ch. 287, L. 1985; amd. Sec. 1, Ch. 139, L. 2001.
MT Code § 77-2-204 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-204. Notification of proposed exchange -- hearing

  77-2-204. Notification of proposed exchange -- hearing. (1) Upon receipt of a proposal for an exchange of land under this part, the board shall give notice of the proposed exchange by certified mail to each person who has leased, under chapter 1 of this title, any portion of land involved in the proposed exchange. Any such leaseholder may present written or oral comments on the proposed exchange to the board before or during the hearing required by subsection (2). The notice must contain a statement informing the recipient of this right to comment.   (2) A public hearing on any exchange under this part shall be held in the county containing the state land to be exchanged. When specific objections to the proposed exchange are raised before or during any such hearing pursuant to subsection (1), the board shall make findings of fact responding to such objections and explaining their action.   History: En. Sec. 1, Ch. 472, L. 1975; R.C.M. 1947, 81-307(2); amd. Sec. 2, Ch. 287, L. 1985.
MT Code § 77-2-205 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-205. Restriction on exchange for nongovernment-owned land

  77-2-205. Restriction on exchange for nongovernment-owned land. An exchange for nongovernment-owned land under 77-2-203 may not be made that will induce or encourage large-scale commercial, industrial, or residential development unless the development value is considered in determining the fair market value and unless the proposed development will not adversely affect the resources of the existing state tracts or those tracts that the state would receive under the proposed exchange.   History: En. Sec. 1, Ch. 472, L. 1975; R.C.M. 1947, 81-307(4); amd. Sec. 2, Ch. 139, L. 2001.
MT Code § 77-2-206 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-206. Settlement for improvements

  77-2-206. Settlement for improvements. If any state land is exchanged on which there are improvements belonging to a lessee and some person other than the lessee is the transferee, that person shall settle with the lessee for all improvements on the land belonging to the lessee before the exchange is completed. The provisions of 77-6-301 through 77-6-303 and 77-6-306 relating to the payment and settlement for improvements on state lands between a former lessee and a new lessee apply to the settlement between a lessee and the transferee in an exchange. If settlement is not reached within 6 months of the date of exchange, all improvements become the property of the state unless the department for good cause shown grants both parties additional time in which to exhaust arbitration.   History: En. Sec. 4, Ch. 287, L. 1985; amd. Sec. 3, Ch. 270, L. 2001.
MT Code § 77-2-207 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-207. Approval or disapproval of exchanges

  77-2-207. Approval or disapproval of exchanges. All exchanges of state lands are subject to approval and confirmation by the board, and no exchange is considered completed until after such approval and confirmation. The board has the power and it is its duty to disapprove any exchange which in its opinion would be disadvantageous to the state.   History: En. Sec. 3, Ch. 287, L. 1985.
MT Code § 77-2-208 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-208. through 77-2-210 reserved

  77-2-208 through 77-2-210 reserved.
MT Code § 77-2-211 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-211. Exchange of timbered, cut-over, or burned-over lands

  77-2-211. Exchange of timbered, cut-over, or burned-over lands. The board may accept on behalf of the state title in fee simple to any timbered lands or lands from which the timber has been cut or burned and in exchange may convey lands not to exceed an equal value, as determined by the board after appraisal by a qualified land appraiser, of similar state land. However, an exchange may not be made unless the exchange, in the opinion of the board, will benefit the public interest. For the purpose of an exchange, all state lands, including those referred to in 77-2-303(2), 77-2-311, and 77-5-101, are subject to be offered for exchange, and any restrictions against their sale or disposal are, for the purpose of an exchange, released.   History: En. Sec. 1, Ch. 180, L. 1931; re-en. Sec. 1995.1, R.C.M. 1935; amd. Sec. 99, Ch. 428, L. 1973; R.C.M. 1947, 81-2201; amd. Sec. 3, Ch. 136, L. 1983; amd. Sec. 4, Ch. 18, L. 1999.
MT Code § 77-2-212 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-212. Rules

  77-2-212. Rules. The board shall adopt and promulgate such rules and methods of procedure affecting or touching the exchanges of lands under 77-2-211 through 77-2-217 as in its judgment seems advisable to the end that the public interests may be conserved.   History: En. Sec. 5, Ch. 180, L. 1931; re-en. Sec. 1995.5, R.C.M. 1935; amd. Sec. 103, Ch. 428, L. 1973; R.C.M. 1947, 81-2205.
MT Code § 77-2-213 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-213. Department to investigate

  77-2-213. Department to investigate. (1) When a proposal for an exchange pursuant to 77-2-211 is made and the owners of the respective tracts involved seem agreeable to negotiate exchanges, the proposal must be referred to the department and the department shall thoroughly investigate all the lands involved in the proposal, estimate the value of all of the lands, and consider every factor in connection with the proposal that may affect the public interest.   (2) The estimated fair market value must be determined by a Montana-licensed and Montana-certified appraiser.   History: En. Sec. 2, Ch. 180, L. 1931; re-en. Sec. 1995.2, R.C.M. 1935; amd. Sec. 100, Ch. 428, L. 1973; R.C.M. 1947, 81-2202; amd. Sec. 2, Ch. 286, L. 1985; amd. Sec. 1, Ch. 456, L. 2007.
MT Code § 77-2-214 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-214. Investigation and findings concerning exchange of land

  77-2-214. Investigation and findings concerning exchange of land. (1) The department shall, as soon as it concludes its investigation thereof, report to the board the facts disclosed by its investigation and include in its report a recommendation concerning the proposal, including its reasons therefor in writing.   (2) After considering the report and recommendation and making such further investigation as it considers advisable, the board shall consider the entire matter, make findings and conclusions concerning the proposal, and make an order:   (a) rejecting and dismissing the proposal if in the judgment of the board the exchange is not in the public interest; or   (b) accepting the proposal and ordering the exchange to be made if in the judgment of the board the exchange is in the public interest and should be made.   (3) An order accepting the proposal shall contain an accurate description of all lands to be exchanged.   History: En. Sec. 3, Ch. 180, L. 1931; re-en. Sec. 1995.3, R.C.M. 1935; amd. Sec. 101, Ch. 428, L. 1973; R.C.M. 1947, 81-2203; amd. Sec. 8, Ch. 15, L. 1979; amd. Sec. 3, Ch. 286, L. 1985.
MT Code § 77-2-215 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-215. Notice and hearing concerning exchange of timbered lands

  77-2-215. Notice and hearing concerning exchange of timbered lands. If the board approves a proposal for exchange pursuant to 77-2-211, the department shall publish at least once in a newspaper of general circulation in each county in which any of the lands involved are located a notice stating in general terms the proposal and describing the lands involved and the ownership of the lands. The notice must fix a day not less than 20 and not more than 60 days from the date of the first publication at which the board will hear objections to the proposed exchange and at which any person, firm, or corporation may appear in person or by representative and be heard.   History: En. Sec. 4, Ch. 180, L. 1931; re-en. Sec. 1995.4, R.C.M. 1935; amd. Sec. 102, Ch. 428, L. 1973; R.C.M. 1947, 81-2204(1); amd. Sec. 319, Ch. 418, L. 1995.
MT Code § 77-2-216 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-216. Final order of board

  77-2-216. Final order of board. The board shall make a final order describing the terms of the proposal for the exchange of the land involved and shall either dismiss the proposal as not being in the public interest or direct the proper officers to proceed to complete the exchange, as authorized by 77-2-211.   History: En. Sec. 4, Ch. 180, L. 1931; re-en. Sec. 1995.4, R.C.M. 1935; amd. Sec. 102, Ch. 428, L. 1973; R.C.M. 1947, 81-2204(2); amd. Sec. 1, Ch. 184, L. 1985.