reglab/housing_qa huggingface dataset:
MT Code § 82-1-204 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 2. Cancellation and Forfeiture of Oil, Gas, or Mineral Leases|82-1-204. Joinder of plaintiffs in actions concerning oil and gas leases

  82-1-204. Joinder of plaintiffs in actions concerning oil and gas leases. (1) In an action for the cancellation of an oil and/or gas lease or leases or quieting title against the claims thereunder, two or more plaintiffs may join in a single action against a common lessee and any one claiming by, through, or under such lessee as an assignee or otherwise. In the complaint in such action the cause or causes of action of each plaintiff shall be set forth separately and there shall be designated the lease or leases or claims or interests sought to be canceled or quieted. It shall be no defense to such an action that the lands of the plaintiffs are noncontiguous or that there is a lack of mutuality of interest between the plaintiffs in the subject of the action or in the relief sought, and the decree in such action shall specify the lease, leases, claims, or interests canceled or quieted.   (2) This procedure shall be in addition to and not in substitution of any existing remedies now allowed by law.   History: En. Secs. 1, 2, Ch. 135, L. 1939; R.C.M. 1947, 93-2813, 93-2814.
MT Code § 82-1-301 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 3. Trusts for Unlocatable Mineral Owners|82-1-301. Definition

  82-1-301. Definition. The word "person", as used in this part, shall mean any individual, corporation, partnership, joint venture, trust or other entity capable of owning real property in Montana.   History: En. Sec. 6, Ch. 513, L. 1979.
MT Code § 82-1-302 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 3. Trusts for Unlocatable Mineral Owners|82-1-302. Creation of trust for unlocatable mineral, leasehold, or royalty interest owners

  82-1-302. Creation of trust for unlocatable mineral, leasehold, or royalty interest owners. (1) Any person who owns an interest in minerals underlying a tract of land may petition the district court of the county in which the tract or a portion of the tract is located to declare a trust in favor of other persons also owning or claiming an interest in the minerals underlying the tract if their place of residence and present whereabouts is unknown and cannot reasonably be ascertained.   (2) In requesting the appointment of a trustee, the petitioner shall show that:   (a) a diligent but unsuccessful effort to locate the absent owner or claimant has been made; and   (b) appointment of a trustee will be in the best interest of all owners of an interest in the minerals.   (3) After determining that the conditions of subsection (2) have been met, the court shall appoint the clerk of court or, if the clerk of court declines to act as trustee, the department of revenue as trustee and shall authorize the clerk of court or the department to execute and deliver an oil, gas, or other mineral lease, a ratification, a division order, or any other related document or instrument on the terms and conditions as the court may approve.   (4) If at any time a clerk of court decides to not continue as trustee for a trust for unlocatable mineral, leasehold, or royalty interest owners, the district court shall appoint the department of revenue to act as trustee. Upon the department of revenue's appointment as trustee, the clerk of court shall remit all funds and interest held in the trust to the department of revenue.   History: En. Sec. 1, Ch. 513, L. 1979; amd. Sec. 1, Ch. 126, L. 1997.
MT Code § 82-1-303 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 3. Trusts for Unlocatable Mineral Owners|82-1-303. No further liability for petitioner

  82-1-303. No further liability for petitioner. If a trust in favor of unlocatable owners or claimants of an interest in minerals has been created and all bonuses, rental payments, royalties, and other income due to the unlocatable owners are being or have been paid to the trustee, the person petitioning for creation of the trust is not liable for further claims by unlocatable owners for bonuses, rental payments, royalties, and other income produced after the creation of the trust.   History: En. Sec. 2, Ch. 513, L. 1979; amd. Sec. 190, Ch. 575, L. 1981.
MT Code § 82-1-304 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 3. Trusts for Unlocatable Mineral Owners|82-1-304. Administration of trust

  82-1-304. Administration of trust. (1) The administration of the trust must comply with the appropriate provisions regulating trusts contained in Title 72.   (2) Trustee or attorney fees may not be paid from the trust proceeds.   (3) All bonuses, rental payments, royalties, and other income must be paid to the trustee until the trust is terminated and notice of its termination given to all interested parties. The trustee shall distribute all money held in the trust to the person or persons entitled to the money upon the order of the district court.   (4) A trust in favor of unlocatable owners must be kept in force until the unlocatable owners of the mineral interest in question have successfully claimed their share of the funds held in trust and have filed the notice, as provided in 82-1-306.   (5) The trustee shall invest funds in a prudent manner, as provided in 72-38-902. Fifty percent of the interest earned on each trust must be credited to the department of revenue or, if the clerk of the court is the trustee, to the general fund of the county in which the mineral interest is located to defray the costs of administration.   (6) Funds held in the trusts are subject to the provisions governing abandoned property contained in Title 70, chapter 9.   History: En. Sec. 3, Ch. 513, L. 1979; amd. Sec. 219, Ch. 685, L. 1989; amd. Sec. 2, Ch. 126, L. 1997; amd. Sec. 159, Ch. 264, L. 2013.
MT Code § 82-1-305 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 3. Trusts for Unlocatable Mineral Owners|82-1-305. Trust for unlocatable mineral, leasehold, and royalty interest owners -- penalty

  82-1-305. Trust for unlocatable mineral, leasehold, and royalty interest owners -- penalty. (1) A person may not personally hold for longer than 6 months any bonuses, rental payments, royalties, or other income for unlocatable owners or claimants of an interest in minerals underlying a tract of land. Within the 6-month period, the person shall petition the district court for creation of a trust, as provided in 82-1-302.   (2) A person failing to comply with subsection (1) is liable for all attorney fees and court costs and interest on funds subject to subsection (1) at twice the current average passbook account rate paid by financial institutions in any district in which the property or part of the property is located.   History: En. Sec. 4, Ch. 513, L. 1979; amd. Sec. 3, Ch. 126, L. 1997.
MT Code § 82-1-306 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 3. Trusts for Unlocatable Mineral Owners|82-1-306. Filing of addresses

  82-1-306. Filing of addresses. (1) Upon the payment of a $5 fee, a person claiming an interest in minerals underlying a tract of land that is the subject of a trust proceeding under 82-1-302 may file with the clerk and recorder of each county in which the land is located a notice containing the person's address and a description of the person's interest in the minerals. Filing the notice creates a rebuttable presumption that the person owns the interest claimed.   (2) The clerk and recorder shall forward a copy of the notice to the trustee of the trust.   History: En. Sec. 5, Ch. 513, L. 1979; amd. Sec. 4, Ch. 126, L. 1997.
MT Code § 82-1-401 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 4. Constitutional Challenges|82-1-401. Determination of constitutionality

  82-1-401. Determination of constitutionality. In any action filed in district court invoking the court's original jurisdiction to challenge the constitutionality of a licensing or permitting decision made pursuant to Title 75 or Title 82 or activities taken pursuant to a license or permit issued under Title 75 or Title 82, the plaintiff shall first establish the unconstitutionality of the underlying statute.   History: En. Sec. 2, Ch. 361, L. 2003.
MT Code § 82-1-501 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 5. Exemption of Fossils|82-1-501. Fossils exempted

  82-1-501. Fossils exempted. Fossils, as defined in 1-4-112, are not minerals and are exempt from the provisions of this title.   History: En. Sec. 3, Ch. 136, L. 2019.
MT Code § 82-1-602 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 6. Critical Infrastructure Facility -- Trespass|82-1-602. Criminal penalties

  82-1-602. Criminal penalties. (1) Except as provided in 82-1-604, a person who willfully and knowingly trespasses on property containing a critical infrastructure facility:  (a) that is completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders with intent to willfully damage, destroy, vandalize, deface, tamper with equipment, or materially impede or inhibit operations of the facility shall, on conviction, be guilty of a felony punishable by a fine of not more than $4,500 or by imprisonment for not more than 18 months or both; and   (b) that is clearly marked with a sign or signs that are posted on the property that indicate that entry is forbidden without site authorization with intent to willfully damage, destroy, vandalize, deface, tamper with equipment, or materially impede or inhibit operations of the facility shall, on conviction, be guilty of a felony punishable by a fine of not more than $4,500 or by imprisonment for not more than 18 months or both.   (2) A person who willfully damages, destroys, vandalizes, defaces, or tampers with equipment in a critical infrastructure facility:   (a) causing less than $1,500 in damages shall, on conviction, be guilty of a misdemeanor and may be incarcerated for any term not to exceed 6 months or be fined an amount not to exceed $500, or both, and must be ordered to make restitution in an amount and manner to be set by the court; and   (b) causing damages greater than $1,500 shall, on conviction, be guilty of a felony punishable by a fine of not more than $150,000 or by imprisonment for not more than 30 years, or both.   (3) An organization found to be in a conspiracy, as the term is used in 45-4-102, with persons who are found to have committed any of the crimes provided in subsection (1) or (2) may be punished by a fine up to 10 times the amount of the fine provided for the appropriate crime.   History: En. Sec. 2, Ch. 522, L. 2021.
MT Code § 82-1-603 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 6. Critical Infrastructure Facility -- Trespass|82-1-603. Civil penalties

  82-1-603. Civil penalties. (1) A person who trespasses in a critical infrastructure facility that is completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or that is clearly marked with a sign or signs that are posted on the property that indicate that entry is forbidden without authorization, and enters with intent to willfully damage, destroy, vandalize, deface, tamper with equipment, or impede or inhibit operations of the facility may be held liable for damages to personal or real property while trespassing, including damages and expenses from network performance or outage issues proximately caused by the trespass.  (2) A person or entity that directs a person to trespass as described in subsection (1), compensates, provides consideration to, or remunerates a person for trespassing as described in subsection (1) may also be held vicariously liable for damages to personal or real property committed by the person compensated or remunerated for trespassing.   History: En. Sec. 3, Ch. 522, L. 2021.
MT Code § 82-1-604 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 1. General Provisions|Part 6. Critical Infrastructure Facility -- Trespass|82-1-604. Exempt activities

  82-1-604. Exempt activities. Nothing in 82-1-601 through 82-1-604 may be construed to limit legally permissible activity under 29 U.S.C. 151 through 169, as those sections existed on December 23, 2020.  History: En. Sec. 4, Ch. 522, L. 2021.
MT Code § 82-2-101 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-101. Manner of locating claim

  82-2-101. Manner of locating claim. A person who discovers upon the public domain of the United States, within the state of Montana, a vein, lode, or ledge of rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits or a placer deposit of gold or other deposit of minerals having a commercial value that is subject to entry and patent under the mining laws of the United States may, if qualified by the laws of the United States, locate a mining claim upon the vein, lode, ledge, or deposit in the following manner:   (1) The person shall post conspicuously at the point of discovery a written or printed notice of location containing the name of the claim, the name of the locator or locators, if there is more than one, the date of the location, which must be the date of posting the notice, and the approximate dimensions of the area of the claim intended to be appropriated.   (2) Within 30 days after posting the notice of location, the person shall distinctly mark the location on the ground so that its boundaries can be readily traced. It is prima facie evidence that the location is properly marked if the boundaries are defined by a monument at each corner or angle of the claim, consisting of any one of the following kinds:   (a) a tree at least 8 inches in diameter and blazed on four sides;   (b) a post at least 4 inches square by 4 feet 6 inches in length, set 1 foot in the ground, unless solid rock should occur at a less depth, in which case the post should be set upon the rock and surrounded in all cases by a mound of earth or stone at least 4 feet in diameter by 2 feet in height. A squared stump of the requisite size, surrounded by a mound, must be considered the equivalent of a post and mound.   (c) a stone at least 6 inches square by 18 inches in length, set two-thirds of its length in the ground, with a mound of earth or stone alongside at least 4 feet in diameter by 2 feet in height; or   (d) a boulder at least 3 feet above the natural surface of the ground on the upper side. When other monuments or monuments of lesser dimensions than those described in subsections (2)(a) through (2)(c) are used, it is a question for the jury or for the court where the action is tried without a jury as to whether the location has been marked upon the ground so that its boundaries can be readily traced. Whatever monument is used, it must be marked with the name of the claim and the designation of the corner, either by number or cardinal point.   (3) Within 60 days after posting notice, the locator shall comply with the United States mining laws.   History: En. Sec. 3610, Pol. C. 1895; en. Sec. 1, Ch. 16, L. 1907; Sec. 2283, Rev. C. 1907; re-en. Sec. 7365, R.C.M. 1921; Cal. Civ. C. Sec. 1426; re-en. Sec. 7365, R.C.M. 1935; amd. Sec. 1, Ch. 4, Ex. L. 1971; R.C.M. 1947, 50-701; amd. Sec. 2715, Ch. 56, L. 2009.
MT Code § 82-2-102 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-102. Record of certificate of location

  82-2-102. Record of certificate of location. (1) Within 60 days after posting the notice of location, the locator shall record the location in the office of the county clerk of the county in which the mining claim is situated. The record must consist of a certificate of location for each claim containing:   (a) the name of the lode or claim and whether located as a lode or placer claim;   (b) the name of the locator or locators, if there is more than one, together with the post-office address of the locator or locators;   (c) the date of location and the description of the claim, with reference to some natural object or permanent monument, that will identify the claim and the section, township, and range in which the claim is situated by projected survey lines if located in unsurveyed country; and   (d) the directions and distances from the discovery point that describe the claim.   (2) The certificate of location must be verified before an officer authorized to administer oaths by the locator or one of the locators, if there is more than one, or by an authorized agent. In the case of a corporation, the verification may be made by an officer of the corporation or by an authorized agent. When the verification is made by an agent, the fact of the agency must be stated in the affidavit. A verified certificate of location or a certified copy of the certificate is prima facie evidence of all facts properly recited in the certificate. Failure of the locator or locators to record a certificate of location as required in this section creates a prima facie presumption of intent to abandon. However, recordation after the 60-day period but before the ground is located by another renews the location and saves the rights of the original locator. Nothing contained in 82-2-112 affects the prima facie presumption created by this section.   History: En. Sec. 3612, Pol. C. 1895; amd. Sec. 2, p. 141, L. 1901; amd. Sec. 2, Ch. 16, L. 1907; Sec. 2284, Rev. C. 1907; re-en. Sec. 7366, R.C.M. 1921; re-en. Sec. 7366, R.C.M. 1935; amd. Sec. 2, Ch. 4, Ex. L. 1971; amd. Sec. 1, Ch. 428, L. 1973; R.C.M. 1947, 50-702; amd. Sec. 1, Ch. 137, L. 1991; amd. Sec. 2716, Ch. 56, L. 2009.
MT Code § 82-2-104 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-104. Millsites

  82-2-104. Millsites. Millsite claims may be located and recorded in the same manner as other claims, except that no discovery or discovery work is required. Where a millsite claim is appurtenant to a mining claim, the certificate of location of such millsite claim shall describe, by appropriate reference, the mining claim to which it is appurtenant.   History: En. Sec. 3, Ch. 16, L. 1907; Sec. 2285, Rev. C. 1907; re-en. Sec. 7369, R.C.M. 1921; re-en. Sec. 7369, R.C.M. 1935; R.C.M. 1947, 50-705.
MT Code § 82-2-105 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-105. Relocation of abandoned claim

  82-2-105. Relocation of abandoned claim. The relocator of an abandoned or forfeited mining claim may adopt as the relocator's discovery any shaft or other working existing upon the claim at the date of the relocation in which the vein, lode, or deposit is disclosed, but in that shaft or other working, the relocator shall perform the same discovery work that is required in the case of an original location.   History: En. Sec. 4, Ch. 16, L. 1907; Sec. 2286, Rev. C. 1907; re-en. Sec. 7370, R.C.M. 1921; re-en. Sec. 7370, R.C.M. 1935; R.C.M. 1947, 50-706; amd. Sec. 2718, Ch. 56, L. 2009.
MT Code § 82-2-106 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-106. Rights of relocator

  82-2-106. Rights of relocator. The rights of a relocator of any relocated abandoned or forfeited mining claim date from the posting of the relocator's notice of location on the claim, and while the relocator is performing the acts required by law to perfect the location, the relocator's rights may not be affected by any reentry or resumption of work by the former locator or claimant.   History: En. Sec. 5, Ch. 16, L. 1907; Sec. 2287, Rev. C. 1907; re-en. Sec. 7371, R.C.M. 1921; re-en. Sec. 7371, R.C.M. 1935; R.C.M. 1947, 50-707; amd. Sec. 2719, Ch. 56, L. 2009.
MT Code § 82-2-107 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-107. Amended location

  82-2-107. Amended location. A locator or claimant may at any time amend the location and make any change in the boundaries that does not involve a change in the point of discovery as shown by the discovery shaft by marking the location as amended upon the ground and filing an amended certificate of location conforming to the requirements of an original certificate of location. A defect in a recorded certificate of location may be cured by filing an amended certificate.   History: En. Sec. 6, Ch. 16, L. 1907; Sec. 2288, Rev. C. 1907; re-en. Sec. 7372, R.C.M. 1921; re-en. Sec. 7372, R.C.M. 1935; R.C.M. 1947, 50-708; amd. Sec. 2720, Ch. 56, L. 2009.
MT Code § 82-2-108 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-108. Relocation by owner

  82-2-108. Relocation by owner. A locator or claimant may at any time relocate the locator's or claimant's own claim for any purpose, except to avoid the performance of annual labor on the claim, and, by the relocation, may change the boundaries of the claim, the point of discovery, or both. However, the relocation must comply in all respects with the requirements of this part as to an original location.   History: En. Sec. 7, Ch. 16, L. 1907; Sec. 2289, Rev. C. 1907; re-en. Sec. 7373, R.C.M. 1921; re-en. Sec. 7373, R.C.M. 1935; R.C.M. 1947, 50-709; amd. Sec. 2721, Ch. 56, L. 2009.
MT Code § 82-2-109 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-109. Amendment or relocation not waiver of acquired rights

  82-2-109. Amendment or relocation not waiver of acquired rights. When a locator or claimant amends or relocates the locator's or claimant's own claim, the amendment or relocation may not be construed as a waiver of any right or title acquired by the locator or claimant by virtue of the previous location or record of that location, except as to portions of the previous location that may be omitted from the boundaries of the claim as amended or relocated. As to the portion of ground included both in the original location and the location as amended or relocated, the locator or claimant may rely either upon the original location or the location as amended or relocated or upon both. However, this section may not be construed as permitting the locator or claimant to hold a tract that does not include a valid discovery.   History: En. Sec. 8, Ch. 16, L. 1907; Sec. 2290, Rev. C. 1907; re-en. Sec. 7374, R.C.M. 1921; re-en. Sec. 7374, R.C.M. 1935; R.C.M. 1947, 50-710; amd. Sec. 2722, Ch. 56, L. 2009.
MT Code § 82-2-110 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-110. Rights of third persons not affected

  82-2-110. Rights of third persons not affected. No amendment or relocation of a mining claim by the locator or claimant thereof shall interfere with any third person's right existing at the time of such amendment or relocation.   History: En. Sec. 9, Ch. 16, L. 1907; Sec. 2291, Rev. C. 1907; re-en. Sec. 7375, R.C.M. 1921; re-en. Sec. 7375, R.C.M. 1935; R.C.M. 1947, 50-711.