reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 3. Effect of Recording › 70-21-302. Recording as constructive notice -- effect of recording copy in other county

70-21-302. Recording as constructive notice -- effect of recording copy in other county.
(1) Every conveyance of real property acknowledged or proved and certified and recorded as prescribed by law, from the time it is filed with the county clerk for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees.
(2) A certified copy of any such recorded conveyance may be recorded in any other county, and when so recorded the record thereof shall have the same force and effect as though it was of the original conveyance.
History: En. Sec. 259, 5th Div. Comp. Stat. 1887; re-en. Sec. 1640, Civ. C. 1895; re-en. Sec. 4683, Rev. C. 1907; amd. Sec. 1, Ch. 33, L. 1921; re-en. Sec. 6934, R.C.M. 1921; Cal. Civ. C. Secs. 1213, 1218; re-en. Sec. 6934, R.C.M. 1935; amd. Sec. 1, Ch. 147, L. 1967; R.C.M. 1947, 73-201(part).
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 3. Effect of Recording › 70-21-303. After-acquired interest -- effect on notice

70-21-303. After-acquired interest -- effect on notice.
Further, every conveyance and/or encumbrance of real property acknowledged or proved and certified and recorded as prescribed by law and which is executed by one who thereafter acquires an interest in the real property by a conveyance which said conveyance is constructive notice as aforesaid is, from the time such latter conveyance is filed with the county clerk for record, constructive notice of the contents of such earlier conveyance and/or encumbrance to subsequent takers, purchasers, mortgagees, or other encumbrancers or transferees.
History: En. Sec. 259, 5th Div. Comp. Stat. 1887; re-en. Sec. 1640, Civ. C. 1895; re-en. Sec. 4683, Rev. C. 1907; amd. Sec. 1, Ch. 33, L. 1921; re-en. Sec. 6934, R.C.M. 1921; Cal. Civ. C. Secs. 1213, 1218; re-en. Sec. 6934, R.C.M. 1935; amd. Sec. 1, Ch. 147, L. 1967; R.C.M. 1947, 73-201(part).
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 3. Effect of Recording › 70-21-304. Conveyance void as against other conveyance recorded first

70-21-304. Conveyance void as against other conveyance recorded first.
Every conveyance of real property, other than a lease for a term not exceeding 1 year, is void against any subsequent purchaser or encumbrancer, including an assignee of a mortgage, lease, or other conditional estate, of the same property or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded.
History: En. Sec. 260, 5th Div. Comp. Stat. 1887; re-en. Sec. 1641, Civ. C. 1895; re-en. Sec. 4684, Rev. C. 1907; re-en. Sec. 6935, R.C.M. 1921; Cal. Civ. C. Sec. 1214; Based on Field Civ. C. Sec. 530; re-en. Sec. 6935, R.C.M. 1935; R.C.M. 1947, 73-202.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 3. Effect of Recording › 70-21-305. Abstract of conveyance -- effect of recording

70-21-305. Abstract of conveyance -- effect of recording.
An abstract of a conveyance or encumbrance of real property, which abstract is acknowledged or proved and certified and recorded as prescribed by law, shall have the same effect for all purposes of this part as if the conveyance or encumbrance of real property had been acknowledged or proved and certified and recorded as prescribed by law.
History: En. Sec. 3, Ch. 218, L. 1971; R.C.M. 1947, 73-201.1.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 3. Effect of Recording › 70-21-306. Recording judgments to impart notice

70-21-306. Recording judgments to impart notice.
Every certified copy of a judgment of partition or any other judgment, filed and recorded as provided in 7-4-2613, from the time of filing the same for record imparts notice to all persons of the contents thereof, and subsequent purchasers, mortgagees, and lienholders purchase and take with like notice and effect as if such property or judgment was a duly recorded deed, grant, or transfer.
History: En. Sec. 4415, Pol. C. 1895; re-en. Sec. 3036, Rev. C. 1907; re-en. Sec. 4802, R.C.M. 1921; Cal. Pol. C. Sec. 4239; re-en. Sec. 4802, R.C.M. 1935; R.C.M. 1947, 16-2908.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 3. Effect of Recording › 70-21-307. Effect of conveyance to grantee as trustee when no trust conditions provided

70-21-307. Effect of conveyance to grantee as trustee when no trust conditions provided.
Any conveyance of real property placed of record in any office of a county clerk and recorder in which the name of the grantee is followed by the word "trustee", "as trustee", or some similar fiduciary term and in which terms and conditions of the purported trust or any limitation on the power of the grantee to convey is not set forth so that any person dealing with the real property could learn from the conveyance what, if any, limitation exists upon the authority of the grantee with regard to the reconveyance or encumbrance of the property must be considered as though the property had been conveyed to the grantee without any limitation upon the grantee's authority to reconvey or encumber as fully as though the word "trustee", "as trustee", or any equivalent fiduciary expression had not been used in connection with the grantee's name. The use of the word "trustee" or "as trustee" or any equivalent fiduciary expression purporting a trust contained in the conveyance does not have force or effect in charging any purchaser or encumbrancer with notice of any limitation of power on the part of the person named as trustee to deal with the lands as the person's own.
History: En. Sec. 1, Ch. 64, L. 1943; R.C.M. 1947, 73-206; amd. Sec. 2156, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 3. Effect of Recording › 70-21-308. Power of attorney contained in recorded instrument -- how revoked

70-21-308. Power of attorney contained in recorded instrument -- how revoked.
No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also acknowledged or proved, certified, and recorded in the same office in which the instrument containing the power was recorded.
History: En. Sec. 1643, Civ. C. 1895; re-en. Sec. 4686, Rev. C. 1907; re-en. Sec. 6937, R.C.M. 1921; Cal. Civ. C. Sec. 1216; Based on Field Civ. C. Sec. 532; re-en. Sec. 6937, R.C.M. 1935; R.C.M. 1947, 73-204.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 3. Effect of Recording › 70-21-309. Validation of conveyances recorded after defective execution -- notice imparted

70-21-309. Validation of conveyances recorded after defective execution -- notice imparted.
(1) Any instrument affecting real property, provided no action is pending as of October 1, 1991, to set such instrument aside, which was, previous to January 1, 1991, recorded in the office of the county clerk and recorder shall be deemed to impart after that date notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any technical defect, omission, or informality in the execution of the instrument or in the certificate of acknowledgment thereof or the absence of any such certificate; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers previous to January 1, 1991.
(2) Duly certified copies of the record of any such instrument may be read in evidence with like effect as copies of an instrument duly acknowledged and recorded.
History: En. Sec. 1, Ch. 147, L. 1973; R.C.M. 1947, 73-213; amd. Sec. 1, Ch. 476, L. 1981; amd. Sec. 2, Ch. 296, L. 1983; amd. Sec. 1, Ch. 284, L. 1991.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 3. Effect of Recording › 70-21-310. Validation of recorded instruments omitting address of grantee -- notice imparted

70-21-310. Validation of recorded instruments omitting address of grantee -- notice imparted.
(1) Any deed, mortgage, or assignment of mortgage which was, previous to July 1, 1931, copied into the proper book kept in the office of the county clerk and recorder shall be deemed to impart, after July 1, 1931, notice of its contents to subsequent purchasers and encumbrancers notwithstanding the omission therefrom of the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be; and all such instruments recorded before July 1, 1931, which do not contain the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be, shall be valid and shall have the same force and effect as though the post-office address of such grantee, mortgagee, or assignee of the mortgagee were contained therein; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers previous to July 1, 1931.
(2) Duly certified copies of the record of any such instrument may be read in evidence with like effect as certified copies of instruments duly recorded containing the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be.
History: En. Sec. 1, Ch. 37, L. 1931; re-en. Sec. 6933.1, R.C.M. 1935; R.C.M. 1947, 39-132.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-101. Short title

70-22-101. Short title.
This part may be cited as the "Corner Recordation Act of Montana".
History: En. Sec. 1, Ch. 202, L. 1963; R.C.M. 1947, 67-2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-102. Purpose

70-22-102. Purpose.
It is the purpose of this part to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and recording of information concerning the marking of the location of such public land survey corners and to allow the systematic location of other property corners thereby providing for property security and a coherent system of property location and identification of ownerships and thereby eliminating the repeated necessity for reestablishment and relocations of such corners where once they are established and located.
History: En. Sec. 2, Ch. 202, L. 1963; R.C.M. 1947, 67-2002.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-103. Definitions

70-22-103. Definitions.
Except when the context indicates a different meaning, terms used in this part must be defined as follows:
(1) An "accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other objects.
(2) The "board" means the board of professional engineers and professional land surveyors provided for in 2-15-1763.
(3) A "corner", unless otherwise qualified, means a property corner or a property controlling corner or a public land survey corner or any combination of these.
(4) A "monument" means an accessory that is presumed to occupy the exact position of a corner.
(5) A "property controlling corner" for a property means a public land survey corner or any property corner that does not lie on a property line of the property in question but that controls the location of one or more of the property corners of the property in question.
(6) A "property corner" means a geographic point on the surface of the earth and is on, is a part of, and controls a property line.
(7) A "public land survey corner" means any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States government.
(8) A "reference monument" means a special monument that does not occupy the same geographical position as the corner itself but whose spatial relationship to the corner is recorded and that serves to witness the corner.
(9) A "surveyor" means a person who is licensed to practice land surveying under Title 37, chapter 67, and has a paid-up license for that calendar year or who is authorized under Title 37, chapter 67, to practice land surveying.
History: En. Sec. 3, Ch. 202, L. 1963; amd. Sec. 320, Ch. 350, L. 1974; R.C.M. 1947, 67-2003; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 73, Ch. 83, L. 1989; amd. Sec. 74, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-104. Filing of corner record required

70-22-104. Filing of corner record required.
A surveyor shall complete, sign, stamp with the surveyor's seal, and file with the county clerk and recorder of the county where the corner is situated a written record of corner establishment or restoration to be known as a "corner record" for every public land survey corner and accessory to the corner that is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated, or used as control in any survey by the surveyor and within 90 days after the establishment unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this part.
History: En. Sec. 4, Ch. 202, L. 1963; R.C.M. 1947, 67-2004; amd. Sec. 2157, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-105. Filing permitted as to any corner or accessory

70-22-105. Filing permitted as to any corner or accessory.
(1) A surveyor may file a corner record to any property corner, property controlling corner, reference monument, or accessory to a corner.
(2) The filing of a properly completed corner record, documenting survey data used to determine the position of the corner, may be filed in lieu of filing a certificate of survey, as provided in 76-3-404, for the following listed corners:
(a) a single, previously filed or recorded property corner;
(b) a property controlling corner;
(c) a reference monument; or
(d) an accessory to a corner.
History: En. Sec. 5, Ch. 202, L. 1963; R.C.M. 1947, 67-2005; amd. Sec. 1, Ch. 549, L. 2003.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-106. Filing of records on corners established before effective date

70-22-106. Filing of records on corners established before effective date.
Corner records may be filed concerning corners established, reestablished, or restored before July 1, 1963.
History: En. Sec. 10, Ch. 202, L. 1963; R.C.M. 1947, 67-2010.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-107. Form and contents of record -- board to prescribe

70-22-107. Form and contents of record -- board to prescribe.
The board shall by regulation provide and prescribe the information which shall be necessary to be included in the corner record, and the board shall prescribe the form in which such corner record shall be presented and filed.
History: En. Sec. 6, Ch. 202, L. 1963; R.C.M. 1947, 67-2006.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-108. Corner records to be certified

70-22-108. Corner records to be certified.
A corner record may not be filed unless the record is signed by a registered surveyor and stamped with the surveyor's seal, or in the case of an agency of the United States government or the state of Montana, the certificate may be signed by the survey party chief making the survey and approved, signed, and sealed by the registered surveyor in responsible charge of the agency.
History: En. Sec. 9, Ch. 202, L. 1963; R.C.M. 1947, 67-2009; amd. Sec. 2158, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-109. Duties of county clerk

70-22-109. Duties of county clerk.
(1) The county clerk and recorder of the county containing the corner must receive the completed corner record and preserve it in a hardbound book. The books must be numbered in numerical order as filled.
(2) The clerk shall number the forms in numerical order as they are filed.
(3) The book and page number in which the corner record is filed must be placed by the clerk near that same corner on a cross-index plat for public land corners or on an index referenced to tract or lot number in a survey of record. The clerk shall provide an index for that purpose.
(4) The county clerk and recorder shall make these records available for public inspection during all usual office hours.
(5) There is no filing fee.
History: En. Sec. 7, Ch. 202, L. 1963; R.C.M. 1947, 67-2007; amd. Sec. 1, Ch. 143, L. 1981; amd. Sec. 2, Ch. 549, L. 2003.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-110. Surveyor to rehabilitate monument

70-22-110. Surveyor to rehabilitate monument.
If a corner record of a public land survey corner is required to be filed under the provisions of this part, the surveyor shall reconstruct or rehabilitate the monument of the corner and accessories to the corner so that the monument is left by the surveyor in a physical condition so that it remains as permanent a monument as is reasonably possible and so that the monument may be reasonably expected to be located with facility at all times in the future.
History: En. Sec. 8, Ch. 202, L. 1963; R.C.M. 1947, 67-2008; amd. Sec. 2159, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 1. Corner Recordation Act › 70-22-115. Monument preservation

70-22-115. Monument preservation.
(1) A public or private entity or person shall, before engaging in activity that will or is likely to disturb or destroy a monument or the accessories to a monument, require the following activities to be performed by a professional land surveyor, as defined in 37-67-101, or a qualified person under the direct supervision of a professional land surveyor:
(a) locate and reference the monument or the accessories to the monument; and
(b) file a corner record showing the location of the references to the monument or to the accessories to the monument as required in 70-22-104 and 70-22-105.
(2) A public or private entity or person shall, within 30 days of completing activity that has disturbed or destroyed a monument or the accessories to a monument, require the following activities to be performed by a professional land surveyor, as defined in 37-67-101, or a qualified person under the direct supervision of a professional land surveyor:
(a) restore or replace the monument or the accessories to the monument, using the references established in subsection (1)(b); and
(b) file a new corner record as required in 70-22-104 and 70-22-105.
History: En. Sec. 1, Ch. 314, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-201. Coordinate systems adopted -- designation -- division of state into zones

70-22-201. Coordinate systems adopted -- designation -- division of state into zones.
(1) The North American datum systems of plane coordinates that have been established by the national oceanic and atmospheric administration/national geodetic survey (formerly the United States coast and geodetic survey) or a successor for defining and stating the positions or locations of points on the surface of the earth within the state of Montana are to be known and designated from now on as the "Montana coordinate system NAD 27", the "Montana coordinate system NAD 83", and the "Montana plane coordinate system".
(2) For the purpose of the use of the Montana coordinate system NAD 27, the state is divided into a north zone and a central zone and a south zone as provided in subsections (3) through (5).
(3) The area now included in the following counties shall constitute the north zone: Blaine, Chouteau, Daniels, Flathead, Glacier, Hill, Liberty, Lincoln, Phillips, Pondera, Roosevelt, Sheridan, Teton, Toole, and Valley.
(4) The area now included in the following counties shall constitute the central zone: Cascade, Dawson, Fergus, Garfield, Judith Basin, Lake, Lewis and Clark, McCone, Meagher, Mineral, Missoula, Petroleum, Powell, Prairie, Richland, Sanders, and Wibaux.
(5) The area now included in the following counties shall constitute the south zone: Beaverhead, Big Horn, Broadwater, Carbon, Carter, Custer, Deer Lodge, Fallon, Gallatin, Golden Valley, Granite, Jefferson, Madison, Musselshell, Park, Powder River, Ravalli, Rosebud, Silver Bow, Stillwater, Sweet Grass, Treasure, Wheatland, and Yellowstone.
(6) For the purpose of the use of the Montana coordinate system NAD 83, the state is a single zone.
(7) For the purpose of the use of the Montana plane coordinate system (MTPCS), the most recent system of plane coordinates that has been established by the national geodetic survey (NGS), or a successor, that is based on the North American terrestrial reference frame of 2022 (NATRF2022), or a successor, and the national spatial reference system (NSRS), or a successor, and known as the state plane coordinate system (SPCS), or a successor, for defining and stating the geographic positions or locations of points within the state must be known as the "Montana plane coordinate system".
History: En. Sec. 1, Ch. 232, L. 1965; amd. Sec. 1, Ch. 73, L. 1975; R.C.M. 1947, 67-2011; amd. Sec. 1, Ch. 137, L. 1987; amd. Sec. 2, Ch. 473, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-202. Designation of system by zone

70-22-202. Designation of system by zone.
(1) As established for use in the north zone, the Montana coordinate system NAD 27 shall be named and in any land description in which it is used it shall be designated the "Montana coordinate system NAD 27, north zone".
(2) As established for use in the central zone, the Montana coordinate system NAD 27 shall be named and in any land description in which it is used it shall be designated the "Montana coordinate system NAD 27, central zone".
(3) As established for use in the south zone, the Montana coordinate system NAD 27 shall be named and in any land description in which it is used it shall be designated the "Montana coordinate system NAD 27, south zone".
History: En. Sec. 2, Ch. 232, L. 1965; R.C.M. 1947, 67-2012; amd. Sec. 2, Ch. 137, L. 1987.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-203. Use of x- and y-coordinates

70-22-203. Use of x- and y-coordinates.
(1) For the Montana coordinate system NAD 27, the plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point in the appropriate zone of this system must consist of two distances expressed in terms of a United States survey foot and decimals of a foot.
(2) For the Montana coordinate system NAD 83 and all later Montana plane coordinate systems, the plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point in the zone must consist of two distances expressed in either meters and decimals of a meter or in feet and decimals of a foot. The international conversion value (1 foot equals 0.3048 meters exactly) must be used. The unit of measure must be clearly stated when the coordinate values are expressed.
(3) One of the distances used to express a position or location, to be known as the "east coordinate" or "x-coordinate", must give the position in an east-and-west direction from the y-axis; the other, to be known as the "north coordinate" or "y-coordinate", must give the position in a north-and-south direction from the x-axis. The y-axis of any zone must be parallel with the central meridian of that zone. The x-axis of any zone must be at a right angle to the central meridian of that zone. These coordinates must be made to depend on and conform to plane rectangular coordinate values derived from the NSRS as defined and promulgated by the national oceanic and atmospheric administration/national geodetic survey or its successors and whose plane coordinates have been computed on the systems designated by this part. Any station with coordinates referenced to the NSRS may be used for establishing a survey connection to the Montana coordinate systems.
History: En. Sec. 3, Ch. 232, L. 1965; R.C.M. 1947, 67-2013; amd. Sec. 3, Ch. 137, L. 1987; amd. Sec. 3, Ch. 473, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-204. Description of location

70-22-204. Description of location.
(1) For the purposes of describing the location of any survey station in Montana, it is considered a complete, legal, and satisfactory description of such location to give the position of the survey station on the system of plane coordinates designated in this part.
(2) When any tract of land to be defined by a single description extends from one into another of the NAD 27 coordinate zones, the positions of all points on its boundaries may be referred to either of such zones, the zone which is used being specifically named in the description.
History: En. Sec. 4, Ch. 232, L. 1965; R.C.M. 1947, 67-2014; amd. Sec. 4, Ch. 137, L. 1987.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-205. Technical description of zones

70-22-205. Technical description of zones.
For the purposes of more precisely defining the Montana coordinate systems NAD 27, NAD 83, and MTPCS, the following description by the national oceanic and atmospheric administration/national geodetic survey (formerly the United States coast and geodetic survey) is adopted:
(1) The Montana coordinate system NAD 27, north zone, is a Lambert conformal projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 47° 51′ and 48° 43′, along which parallels the scale must be exact. The origin of coordinates is at the intersection of the meridian 109° 30′ west of Greenwich and the parallel 47° 00′ north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.
(2) The Montana coordinate system NAD 27, central zone, is a Lambert conformal projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 46° 27′ and 47° 53′, along which parallels the scale must be exact. The origin of coordinates is at the intersection of the meridian 109° 30′ west of Greenwich and the parallel 45° 50′ north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.
(3) The Montana coordinate system NAD 27, south zone, is a Lambert conformal projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 44° 52′ and 46° 24′, along which parallels the scale must be exact. The origin of coordinates is at the intersection of the meridian 109° 30′ west of Greenwich and the parallel 44° 00′ north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.
(4) The Montana coordinate system NAD 83 is a Lambert conformal conic projection of the GRS 80 (Geodetic Reference System 1980) ellipsoid, having standard parallels of north latitudes 45° 00′ and 49° 00′, along which parallels the scale must be exact. The origin of coordinates is at the intersection of the meridian 109° 30′ west of Greenwich and the parallel 44° 15′ north latitude. This origin is given the coordinates: x = 600,000 meters and y = 0 meters.
(5) The Montana plane coordinate system must be the state plane coordinate system of 2022 (SPCS2022) or its most recent successor as defined by the national geodetic survey or its successor agency.
History: En. Sec. 5, Ch. 232, L. 1965; amd. Sec. 2, Ch. 73, L. 1975; R.C.M. 1947, 67-2015; amd. Sec. 5, Ch. 137, L. 1987; amd. Sec. 4, Ch. 473, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-206. Conformity to standards required for use of coordinates in recorded instrument

70-22-206. Conformity to standards required for use of coordinates in recorded instrument.
Coordinates based on the Montana coordinate systems purporting to define the position of a point on a land boundary may not be presented to be recorded in any public land records or deed records unless the coordinates have been determined with respect to the national spatial reference system (NSRS) at an accuracy consistent with the relative accuracy of the land boundary as presented in the recorded instrument. Public land or deed records presented for recording that purport to define the position of a point on a land boundary based on coordinates from the Montana coordinate systems must contain a statement that identifies the specific realization of the reference frame or datum of the coordinates, including the coordinate epoch date if applicable, along with the type of equipment and methods used to perform the survey and tie it to the NSRS.
History: En. Sec. 6, Ch. 232, L. 1965; R.C.M. 1947, 67-2016; amd. Sec. 6, Ch. 137, L. 1987; amd. Sec. 1, Ch. 494, L. 2001; amd. Sec. 5, Ch. 473, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-207. Use of term Montana coordinate system limited

70-22-207. Use of term Montana coordinate system limited.
The use of the term "Montana coordinate system NAD 27 north, central, or south zone", "Montana coordinate system NAD 83", or "Montana plane coordinate system" on any map, report of survey, or other document must be limited to coordinates based on the Montana coordinate systems as defined in this part.
History: En. Sec. 7, Ch. 232, L. 1965; R.C.M. 1947, 67-2017; amd. Sec. 7, Ch. 137, L. 1987; amd. Sec. 6, Ch. 473, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-208. Public land survey description to prevail

70-22-208. Public land survey description to prevail.
Whenever coordinates based on the Montana coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes filed of record.
History: En. Sec. 8, Ch. 232, L. 1965; R.C.M. 1947, 67-2018; amd. Sec. 8, Ch. 137, L. 1987.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-209. Purchaser or mortgagee not required to rely on description using systems

70-22-209. Purchaser or mortgagee not required to rely on description using systems.
Nothing contained in this part shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Montana coordinate systems.
History: En. Sec. 9, Ch. 232, L. 1965; R.C.M. 1947, 67-2019; amd. Sec. 9, Ch. 137, L. 1987.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-210. Limit on use of Montana coordinate system NAD 27

70-22-210. Limit on use of Montana coordinate system NAD 27.
The Montana coordinate system NAD 27 north, central, and south zone may not be used after July 1, 1993; the Montana coordinate system NAD 83 is the sole system to be used after this date.
History: En. Sec. 10, Ch. 137, L. 1987.
2023 Montana Code Annotated › Title 70. Property › Chapter 22. Corner Recordation Act Surveys and Coordinates › Part 2. Montana Coordinate System › 70-22-211. Limit on use of Montana coordinate system NAD 83

70-22-211. Limit on use of Montana coordinate system NAD 83.
The Montana coordinate system NAD 83 may not be used to define the position of a point on a land boundary for any publicly recorded instrument more than 1 year after the date that SPCS2022 is adopted by NGS as an official part of the NSRS. The Montana plane coordinate system as defined by NGS or its successors is the sole system to be used after this date.
History: En. Sec. 1, Ch. 473, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 1. General Provisions › 70-23-101. Short title

70-23-101. Short title.
This chapter may be cited as the "Unit Ownership Act".
History: En. Sec. 1, Ch. 120, L. 1965; R.C.M. 1947, 67-2301.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 1. General Provisions › 70-23-103. Applicability -- submission by declaration required -- optional declaration for townhouses

70-23-103. Applicability -- submission by declaration required -- optional declaration for townhouses.
(1) In order to submit any property to the provisions of this chapter, the sole owner or sole lessee or all of the owners or all of the lessees of the property shall execute, acknowledge, and record a declaration in the office of the recording officer of the county in which the property is located. The declaration must be executed in accordance with 70-23-301.
(2) A declaration for a townhome or townhouse may be executed under this section. The provisions of this chapter apply to townhomes or townhouses only if a declaration is executed under this section.
History: En. Sec. 3, Ch. 120, L. 1965; amd. Sec. 2, Ch. 150, L. 1973; R.C.M. 1947, 67-2303; amd. Sec. 5, Ch. 373, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 2. Regulation of Unit Sales Prior to Construction (Repealed) › 70-23-201. Repealed

70-23-201. Repealed.
Sec. 3, Ch. 12, L. 1999.
History: En. 67-2303.1 by Sec. 3, Ch. 150, L. 1973; R.C.M. 1947, 67-2303.1.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 2. Regulation of Unit Sales Prior to Construction (Repealed) › 70-23-202. Repealed

70-23-202. Repealed.
Sec. 3, Ch. 12, L. 1999.
History: En. 67-2303.2 by Sec. 4, Ch. 150, L. 1973; R.C.M. 1947, 67-2303.2.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 2. Regulation of Unit Sales Prior to Construction (Repealed) › 70-23-203. Repealed

70-23-203. Repealed.
Sec. 3, Ch. 12, L. 1999.
History: En. 67-2303.3 by Sec. 5, Ch. 150, L. 1973; R.C.M. 1947, 67-2303.3.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 2. Regulation of Unit Sales Prior to Construction (Repealed) › 70-23-204. Repealed

70-23-204. Repealed.
Sec. 3, Ch. 12, L. 1999.
History: En. 67-2303.4 by Sec. 6, Ch. 150, L. 1973; R.C.M. 1947, 67-2303.4; amd. Sec. 11, Ch. 115, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 2. Regulation of Unit Sales Prior to Construction (Repealed) › 70-23-205. Repealed

70-23-205. Repealed.
Sec. 3, Ch. 12, L. 1999.
History: En. 67-2303.5 by Sec. 7, Ch. 150, L. 1973; R.C.M. 1947, 67-2303.5.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 2. Regulation of Unit Sales Prior to Construction (Repealed) › 70-23-206. Repealed

70-23-206. Repealed.
Sec. 3, Ch. 12, L. 1999.
History: En. 67-2303.6 by Sec. 8, Ch. 150, L. 1973; R.C.M. 1947, 67-2303.6.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 3. Creation -- Declaration and Bylaws › 70-23-301. Contents of declaration

70-23-301. Contents of declaration.
A declaration must contain:
(1) a description of the land, whether leased or in fee simple, on which the building is located or is to be located;
(2) the name by which the property will be known and a general description of the building, including the number of stories and basements, the number of units, and the principal materials of which it is constructed;
(3) the unit designation, location, approximate area of each unit, and any other data necessary for proper identification;
(4) a description of the general common elements and the percentage of the interest of each unit owner in the common elements;
(5) a description of the limited common elements, if any, stating to which units their use is reserved and in what percentage;
(6) a statement of the use for which the building and each of the units is intended;
(7) the name of a person to receive service of process in the cases provided in 70-23-901 and the residence or place of business of the person which must be within the county in which the property is located;
(8) an exhibit containing certification from the applicable local government that the condominiums, townhomes, or townhouses are either exempt from review under 76-3-203 or have been approved following review under Title 76, chapter 3, parts 5 and 6; and
(9) any other details regarding the property that the person executing the declaration considers desirable.
History: En. Sec. 14, Ch. 120, L. 1965; amd. Sec. 11, Ch. 150, L. 1973; R.C.M. 1947, 67-2314; amd. Sec. 1, Ch. 446, L. 2009; amd. Sec. 3, Ch. 373, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 3. Creation -- Declaration and Bylaws › 70-23-302. Preliminary declaration

70-23-302. Preliminary declaration.
A preliminary declaration, setting forth as many of the particulars required by 70-23-301 as may then be practicable, may be recorded before construction of the building described in the declaration is completed. The preliminary declaration shall not relieve the owner from the necessity of filing the declaration as required by 70-23-301.
History: En. Sec. 15, Ch. 120, L. 1965; R.C.M. 1947, 67-2315.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 3. Creation -- Declaration and Bylaws › 70-23-303. Name of property -- similarity prohibited

70-23-303. Name of property -- similarity prohibited.
No property shall bear a name using a word which is the same as, similar to, or pronounced the same as a word in the name of any other property or subdivision in the same county, except for the words "apartment", "motel", "building", "court", "place", or similar words.
History: En. Sec. 16, Ch. 120, L. 1965; R.C.M. 1947, 67-2316.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 3. Creation -- Declaration and Bylaws › 70-23-304. Declaration to be approved by county before recording

70-23-304. Declaration to be approved by county before recording.
Before a declaration may be recorded in the county in which the property is located, it must be approved by the county. A declaration must be approved unless:
(1) the name does not comply with 70-23-303; and
(2) all taxes and assessments due and payable have not been paid.
History: En. Sec. 17, Ch. 120, L. 1965; amd. Sec. 40, Ch. 391, L. 1973; R.C.M. 1947, 67-2317; amd. Sec. 135, Ch. 27, Sp. L. November 1993; amd. Sec. 1, Ch. 279, L. 1997; amd. Sec. 1, Ch. 308, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 3. Creation -- Declaration and Bylaws › 70-23-305. Recording of declaration

70-23-305. Recording of declaration.
(1) When a declaration is made and approved as required, it must, upon the payment of the fees provided by law, be recorded by the recording officer. The fact of recording and the date of recording must be entered on the declaration.
(2) At the time of recording a declaration, the person offering it for record shall also file a copy, certified by the recording officer to be a true copy, with the department of revenue.
(3) If the property is located in a city or town, a copy of the declaration only must also be filed with the city or town clerk at the time of recording.
History: En. Sec. 18, Ch. 120, L. 1965; amd. Sec. 41, Ch. 391, L. 1973; R.C.M. 1947, 67-2318; amd. Sec. 1, Ch. 85, L. 1991; amd. Sec. 136, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 3. Creation -- Declaration and Bylaws › 70-23-306. Floor plans recorded with declaration -- certification

70-23-306. Floor plans recorded with declaration -- certification.
(1) Floor plans of the building described in a declaration shall be recorded simultaneously with the declaration. The floor plans shall show the layout of each unit, including the unit designation, location and dimensions of each unit, and the common areas to which each has access.
(2) There shall be attached to the floor plans a statement of a registered architect, registered professional engineer, or registered professional land surveyor who has reviewed the floor plans, certifying that the plans are an accurate copy of the plans filed with and approved by the city and county officers having jurisdiction to issue building permits. If the plans do not include a verified statement by an architect, engineer, or surveyor that the plans fully and accurately depict the layout, location, unit designation, and dimensions of each unit as built, there shall be recorded within 30 days from the date of completion of the building or from the date of the first occupancy of the building, whichever first occurs, an amendment to the declaration to which shall be attached a verified statement of a registered architect, registered professional engineer, or registered professional land surveyor certifying that the floor plans previously filed or being filed simultaneously with the amendment fully and accurately depict the layout of the units and floors of the building and the date construction of the building was completed.
History: En. Sec. 19, Ch. 120, L. 1965; amd. Sec. 12, Ch. 150, L. 1973; R.C.M. 1947, 67-2319; amd. Sec. 1, Ch. 114, L. 1985.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 3. Creation -- Declaration and Bylaws › 70-23-307. Bylaws -- adoption, recording, and amendment

70-23-307. Bylaws -- adoption, recording, and amendment.
(1) The unit owners of each property shall adopt bylaws to govern the administration of the property.
(2) A copy of the bylaws, certified by the presiding officer and secretary of the association, shall be recorded simultaneously with the declaration of the property to which the bylaws relate.
(3) An amendment of the bylaws shall not be effective unless approved by 75% of the unit owners and until a copy of the bylaws, as amended, certified by the presiding officer and secretary of the association of unit owners, is recorded.
History: En. Sec. 20, Ch. 120, L. 1965; R.C.M. 1947, 67-2320.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 3. Creation -- Declaration and Bylaws › 70-23-308. Contents of bylaws

70-23-308. Contents of bylaws.
Subject to 70-1-522, the bylaws must provide for:
(1) the election from among the unit owners of a board of directors, the number of persons constituting the board, and that the terms of at least one-third of the directors expire annually, the powers and duties of the board, the compensation, if any, of the directors, the method of removal from office of the directors, and whether or not the board may engage the services of a manager or managing agent;
(2) the method of calling meetings of the unit owners and the percentage, if other than a majority as defined by 70-23-102, that constitutes a quorum;
(3) the election of a presiding officer, a secretary, and a treasurer;
(4) the maintenance, upkeep, and repair of the common elements and payment for those expenses, including the method of approving payment vouchers;
(5) the employment of personnel necessary for the maintenance, upkeep, and repair of the common elements;
(6) the manner of collecting from the unit owners their share of the common expenses;
(7) the method of adopting and of amending administrative rules governing the details of the operation and use of the common elements;
(8) restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not included in the declaration, as are designed to prevent unreasonable interference with the use of the unit owners' respective units and of the common elements by the several unit owners;
(9) the method of amending the bylaws subject to 70-23-307.
History: En. Sec. 21, Ch. 120, L. 1965; R.C.M. 1947, 67-2321; amd. Sec. 2, Ch. 12, L. 1999; amd. Sec. 7, Ch. 307, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 3. Creation -- Declaration and Bylaws › 70-23-309. Association of unit owners -- remote meetings

70-23-309. Association of unit owners -- remote meetings.
(1) Unless the terms of the declaration or the bylaws provide otherwise, an association of unit owners may hold a meeting by remote means.
(2) For the purposes of this section, "remote means" includes telephone audio, teleconference, or videoconference.
History: En. Sec. 3, Ch. 185, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 4. Nature of the Ownership Interest › 70-23-401. Property status of the unit

70-23-401. Property status of the unit.
While the property is submitted to this chapter, a unit in the building may be individually conveyed, leased, or encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts inter vivos or mortis causa as if it were sole and entirely independent of the other units in the building of which they form a part, and the corresponding individual titles and interests shall be recordable.
History: En. Sec. 4, Ch. 120, L. 1965; amd. Sec. 9, Ch. 150, L. 1973; R.C.M. 1947, 67-2304.
2023 Montana Code Annotated › Title 70. Property › Chapter 23. Unit Ownership Act -- Condominiums › Part 4. Nature of the Ownership Interest › 70-23-402. Exclusive ownership and possession of unit -- joint ownership

70-23-402. Exclusive ownership and possession of unit -- joint ownership.
(1) Each unit owner is entitled to the exclusive ownership and possession of the owner's unit.
(2) A unit may be jointly or commonly owned by more than one person.
History: En. Sec. 5, Ch. 120, L. 1965; amd. Sec. 10, Ch. 150, L. 1973; R.C.M. 1947, 67-2305; amd. Sec. 2160, Ch. 56, L. 2009.