reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-904. Commercial leasing authorized

77-1-904. Commercial leasing authorized.
(1) State trust land may be leased for a term not to exceed 99 years for commercial purposes to the highest and best bidder responding to a department request for proposals for commercial uses of a specified tract.
(2) The board may enter into contracts with lessees of state trust land for commercial purposes upon terms and conditions that the board may reasonably determine to be in the best interests of the beneficiary.
(3) A request for proposals for the commercial leasing of state trust land must reserve the board's right to reject any and all bids and the right to reoffer the tract for lease if the bids received are not acceptable to the board.
(4) The board and the department, when preparing plans or proposals under this part, shall implement review criteria in consideration of the following local government provisions except to the extent that the provisions violate Article X, section 4 or 11, of the Montana constitution:
(a) a growth policy or a neighborhood plan adopted pursuant to Title 76, chapter 1;
(b) zoning regulations;
(c) subdivision review as provided in Title 76, chapter 3;
(d) annexation;
(e) plans for the extension of services; and
(f) other actions related to local planning.
History: En. Sec. 4, Ch. 404, L. 2003; amd. Sec. 2, Ch. 335, L. 2005.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-906. Requirements for commercial lease -- improvements

77-1-906. Requirements for commercial lease -- improvements.
(1) The board shall require, subject to the board's supervision and jurisdiction, that the lessee be solely responsible for the expense of maintenance and operation of the enterprise, business, or venture and all improvements made and constructed in support of any commercial purpose during the term of the lease. This requirement does not apply to the installation and construction by the lessee of infrastructure and improvements, such as public roads, parks, sewers, or utilities, if they were required by a local government as a condition of development.
(2) Upon expiration of the lease, the title to all permanent improvements and fixtures located on the leased property and used in the operation and maintenance of the enterprise vests in the state. The lease must describe in detail the manner and subject matter of the transfer to the state.
History: En. Sec. 6, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-907. Qualifications for commercial lessees -- bonds

77-1-907. Qualifications for commercial lessees -- bonds.
(1) Before accepting any offer for a commercial lease, the board shall establish, to its satisfaction, the financial capability of the person seeking the commercial lease and the legal authority of the person to conduct business in the state. Prior to executing a commercial lease, the board may require the posting of bonds, sureties, guarantees, or a letter of credit sufficient to ensure that the commercial purposes will be conducted as proposed with no harm to the financial interests of the beneficiaries.
(2) All commercial leases of which the commercial purpose includes the use of a hazardous substance as defined in 75-10-602 must be bonded to ensure a degree of cleanup of the hazardous substance that ensures protection of public health, safety, and welfare and of the environment in a manner that protects the long-term financial interest of the beneficiaries.
History: En. Sec. 7, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-908. Land use license issuance following reclassification

77-1-908. Land use license issuance following reclassification.
Following cancellation of a preexisting lease due to a reclassification pursuant to 77-1-401 through 77-1-403, the department may issue a land use license for the commercial lands reclassified for a term the department considers necessary to protect the income to the trust and to protect the state.
History: En. Sec. 8, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-909. Cancellation or termination of commercial lease

77-1-909. Cancellation or termination of commercial lease.
A commercial lease may be canceled at the option of the board or its designated representative for any violation of a lease provision. Upon cancellation or termination of a lease, the department may seek a new lessee in accordance with this part. If the costs of the commercial development have not been recovered by the state at the time of cancellation or termination, a subsequent lessee under this section shall reimburse the state for development costs, assessments, or fees only to the extent that the proportionate part of the costs, assessments, and fees to the state for obtaining the development have not been recovered.
History: En. Sec. 9, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-910. Encumbrance on leased land

77-1-910. Encumbrance on leased land.
(1) An encumbrance may not be placed upon the state's interest in land leased for commercial purposes.
(2) A commercial lease of state trust land may contain provisions that will permit the encumbering of the lessee's interest in the lease by mortgage or deed of trust.
History: En. Sec. 10, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-911. Notice and payment of assessments

77-1-911. Notice and payment of assessments.
(1) The lessee of a commercial lease on state trust land shall furnish to the department:
(a) officially certified descriptions of all state trust land included within the boundaries of a city or county improvement district that is the subject of the commercial lease; and
(b) a description and listing of the amount of assessments and charges of every character made against the leasehold interest of the lessee and the leasehold interest of the state, as soon as the assessments or charges are levied.
(2) A promise by the lessee to make timely payment of all assessment charges and an acknowledgment of the assessment must be inserted in any lease for state trust land.
(3) If assessments have been levied against any state trust land prior to commercial lease, the board shall require that all unpaid installments on assessments be paid to the improvement district before executing a lease.
(4) If an installment on an assessment or charge against the leasehold interest of the lessee of land subject to a commercial lease is not paid when due, the nonpayment constitutes a breach of the lease.
History: En. Sec. 11, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-912. Rulemaking

77-1-912. Rulemaking.
The board may adopt rules to:
(1) establish procedures for the issuance of requests for proposals for commercial purposes and the commercial leasing of state trust land;
(2) prescribe the form and content of commercial leases; and
(3) develop any other procedures necessary to fulfill the purposes of this part or to implement the commercial leasing of state trust land.
History: En. Sec. 12, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 10. Management of Crown Butte Land Exchange Property Interests › 77-1-1001. Inventories and assessments

77-1-1001. Inventories and assessments.
(1) The department may, in consultation with appropriate state agencies and the Northern Cheyenne tribe, conduct resource inventories and assessments of all or parts of the property interests acquired from the federal government in the Crown Butte land exchange to assist in the leasing, promotion, and development of those property interests. Those inventories and assessments include but are not limited to:
(a) cultural resource inventories and assessments;
(b) coal resource inventories and assessments;
(c) market analysis of the mineral resources; or
(d) any other inventories and assessments required by law or that the department determines are necessary.
(2) The department may place all or parts of the property interests acquired from the federal government in the Crown Butte land exchange up for lease in accordance with the procedures provided for in Title 77.
(3) Nothing in this section prevents the department from receiving applications to place the tracts for lease prior to the completion of inventories and assessments, and the department may lease the property interests acquired from the federal government in the Crown Butte land exchange in accordance with the applicable provisions of Title 77.
(4) Nothing in this section is intended to alter, diminish, or impair the Otter Creek settlement agreement between the state of Montana and the Northern Cheyenne tribe, and nothing in this section prevents the state from cooperating with the Northern Cheyenne tribe to enforce air and water quality standards through government-to-government reciprocity agreements.
History: En. Sec. 1, Ch. 318, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 10. Management of Crown Butte Land Exchange Property Interests › 77-1-1002. Planning of lease actions

77-1-1002. Planning of lease actions.
(1) The department shall manage the property interests acquired from the federal government in the Crown Butte land exchange consistent with 77-3-102 and consult with the private surface owners and the private mineral owners that control the coal property interests that are located in a checkerboard arrangement with the mineral interests acquired from the federal government in the Crown Butte land exchange in the planning of leasing actions.
(2) Consistent with Title 77, the department's leasing actions must:
(a) attain the fair market value and optimize the monetary return to the public school fund; and
(b) facilitate and encourage timely development of the property interests acquired from the federal government in the Crown Butte land exchange.
History: En. Sec. 2, Ch. 318, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1101. Void

77-1-1101. Void.
Sec. 12, Ch. 475, L. 2009.
History: En. Sec. 1, Ch. 475, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1102. Void

77-1-1102. Void.
Sec. 12, Ch. 475, L. 2009.
History: En. Sec. 2, Ch. 475, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1103. Void

77-1-1103. Void.
Sec. 12, Ch. 475, L. 2009.
History: En. Sec. 3, Ch. 475, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1104. Void

77-1-1104. Void.
Sec. 12, Ch. 475, L. 2009.
History: En. Sec. 4, Ch. 475, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1105. Void

77-1-1105. Void.
Sec. 12, Ch. 475, L. 2009.
History: En. Sec. 5, Ch. 475, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1106. Void

77-1-1106. Void.
Sec. 12, Ch. 475, L. 2009.
History: En. Sec. 6, Ch. 475, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1107. Void

77-1-1107. Void.
Sec. 12, Ch. 475, L. 2009.
History: En. Sec. 7, Ch. 475, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1108. Void

77-1-1108. Void.
Sec. 12, Ch. 475, L. 2009.
History: En. Sec. 8, Ch. 475, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1109. Legislative findings -- purpose

77-1-1109. Legislative findings -- purpose.
(1) The legislature finds that:
(a) Article IX, section 3, of the Montana constitution provides that the use of all water that is or may be appropriated for sale, rent, distribution, or other beneficial use, the right-of-way over the lands of others for all ditches, drains, flumes, canals, and aqueducts necessarily used in connection with the beneficial use, and the sites for reservoirs necessary for collecting and storing water are a public use;
(b) a person who has historically used the bed of a navigable river in conjunction with a legal use of water or for other uses or a person who desires to use the bed of a navigable river in conjunction with a legal use of water or for other uses must be able to do so provided that statutory provisions are met; and
(c) any person who uses the bed of a navigable river after October 1, 2011, shall apply to the state for a lease, license, or easement and pay full market value for the use of the riverbed.
(2) The purpose of this part is to clarify the process for the use of the beds of navigable rivers and how the state should be compensated for that use.
(3) Nothing in this part diminishes the state's ownership of the beds of navigable rivers, streams, or lakes under any other law.
History: En. Sec. 1, Ch. 359, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1110. Definitions

77-1-1110. Definitions.
Solely for the purposes of this part, the following definitions apply:
(1) "Footprint" means a structure or other constructed interruption or modification to the bed of a navigable river below the low-water mark as provided in 70-16-201.
(2) "Full market value" means an amount calculated based upon the area of a footprint and the fair market value as determined by rule or statute. The annual payment for a license issued under this part is $150.
(3) "Navigable river" means a river adjudicated as navigable for title purposes by a court of competent jurisdiction.
History: En. Sec. 2, Ch. 359, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1111. Use of beds of navigable rivers -- authorization requirement restricted

77-1-1111. Use of beds of navigable rivers -- authorization requirement restricted.
The board or the department may require a lease, license, or easement under this part only for a footprint on the bed of a navigable river.
History: En. Sec. 3, Ch. 359, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1113. Historic riverbed use account

77-1-1113. Historic riverbed use account.
(1) There is an account in the state special revenue fund into which the application fees collected pursuant to 77-1-1112 must be deposited.
(2) The funds in the account may be used only for administering the provisions of 77-1-1112.
History: En. Sec. 5, Ch. 359, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1114. Notice required

77-1-1114. Notice required.
(1) Before July 1, 2016, the department shall provide notice of the requirements of this part to owners of property adjacent to rivers that were navigable rivers on October 1, 2011, and provide notice pursuant to subsection (3).
(2) For a river determined to be a navigable river after October 1, 2011, the department shall provide notice of the requirements of this part to owners of property adjacent to the navigable river within 6 months of the determination that the river is navigable. The 5-year period pursuant to 77-1-1112 begins when the department issues this notice and publishes the notice required in subsection (3) of this section.
(3) The department shall publish notice of navigable rivers and the requirements of this part twice in a newspaper of general circulation in the area of the navigable river.
History: En. Sec. 6, Ch. 359, L. 2011; amd. Sec. 2, Ch. 108, L. 2015.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1115. Navigable riverbed uses -- lease, license, or easement required -- challenges

77-1-1115. Navigable riverbed uses -- lease, license, or easement required -- challenges.
(1) (a) After October 1, 2011, the department shall require a person who proposes to use the bed of a navigable river up to the low-water mark to obtain a lease, license, or easement pursuant to the provisions of this title.
(b) The requirements of subsection (1)(a) do not apply to footprints related to hunting, fishing, or trapping.
(2) An applicant for authorization to use the bed of a navigable river pursuant to 77-1-1112 or for a lease, license, or easement under this section may challenge the requirement of the authorization based on the navigability of the river, the location of the footprint related to the low-water mark, or other factors. There is no presumption of navigability because an entity has applied for or received a lease, license, or easement.
History: En. Sec. 7, Ch. 359, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1116. Easement transferable -- relocation of structure -- increased footprint

77-1-1116. Easement transferable -- relocation of structure -- increased footprint.
(1) An easement granted pursuant to 77-1-1112 or 77-1-1115 runs with the benefited land and may be transferred or assigned.
(2) (a) Pursuant to rules adopted under 77-1-1117, the holder of a lease, license, or easement under 77-1-1112 or 77-1-1115 may relocate or increase the size of a footprint and associated facilities due to the natural relocation of a navigable river or other factors.
(b) (i) The holder of a lease, license, or easement shall provide written notice to the department when a footprint or associated facilities are proposed to be relocated or increased in size.
(ii) Without prior board approval, the holder of a lease, license, or easement for water diversion structures associated with a water right may relocate or increase the size of the footprint if the relocation or increase is necessary to accomplish the purpose for which the lease, license, or easement was granted. If the footprint is increased in size, the holder shall pay full market value for the portion of the footprint that is greater than the original footprint and shall obtain the appropriate state or federal permits.
(3) Section 77-1-805 applies to the use of navigable rivers for which leases, licenses, or easements for the use of the bed have been granted.
History: En. Sec. 8, Ch. 359, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 11. Use of Beds of Navigable Rivers › 77-1-1117. Board to adopt rules

77-1-1117. Board to adopt rules.
To fulfill the requirement of this part, the board shall adopt rules to:
(1) determine the full market value for the use of the bed of a navigable river and establish a minimum payment for leases and easements;
(2) allow an applicant to choose to apply for a lease, license, or easement depending on the type of proposed use and the duration of the use; and
(3) allow the holder of a lease, license, or easement to relocate or increase the size of a footprint based on natural relocation of a navigable river or other factors.
History: En. Sec. 9, Ch. 359, L. 2011.
2023 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(1) through (5), 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 canal, ditch, flume, aqueduct, pipe, reservoir, railroad, private road, telephone line, water conveyance for irrigation purposes, or any other public use as defined in 70-30-102;
(b) any private building or private sewage system that encroaches on state lands;
(c) pursuant to 77-1-1112 or 77-1-1115, the use of the bed of a navigable river; or
(d) pursuant to 77-2-102(6), private access roads, county roads, and utility facilities constructed on state lands prior to October 1, 1997.
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; amd. Sec. 1, Ch. 309, L. 2023.
2023 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.
(4) A right-of-way easement issued pursuant to 77-2-102(6) is exempt from the requirements of Title 22, chapter 3, part 4, and Title 75, chapter 1, parts 1 and 2.
(5) Damages for a lessee's improvements, crops, or leasehold interests are not allowed for right-of-way easement applications made pursuant to 77-2-102(6).
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; amd. Sec. 3, Ch. 309, L. 2023.
2023 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).
2023 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.
2023 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.
2023 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) Except as provided in 77-2-103(5), 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; amd. Sec. 4, Ch. 309, L. 2023.
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 2. Exchanges of Land › 77-2-217. Status of exchanged lands

77-2-217. Status of exchanged lands.
All lands taken in exchange under 77-2-211 through 77-2-216 for lands granted by the United States to the state of Montana prior to July 1, 1931, shall be subject to the same restrictions, limitations, and provisions as the lands granted by the United States are now subject to. All lands granted by the state in carrying out such exchanges shall thereafter be free from the restrictions and limitations provided by The Enabling Act of the state of Montana or the other grant from the United States.
History: En. Sec. 6, Ch. 180, L. 1931; re-en. Sec. 1995.6, R.C.M. 1935; R.C.M. 1947, 81-2206(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 3. Sales › 77-2-301. Sales of state land under board control

77-2-301. Sales of state land under board control.
The board may decide when sales of state land are to be held and what state lands are to be offered for sale, subject to the limitations of this title, as the best interests of the state may appear to require.
History: En. Sec. 70, Ch. 60, L. 1927; re-en. Sec. 1805.70, R.C.M. 1935; R.C.M. 1947, 81-907; amd. Sec. 1, Ch. 602, L. 1989; amd. Sec. 5, Ch. 355, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 3. Sales › 77-2-302. Disposition of former institutions and certain federal land grants

77-2-302. Disposition of former institutions and certain federal land grants.
(1) Notwithstanding any other section in this chapter, any lands, including buildings, that were formerly used as or by a state institution and that are no longer used for institutional purposes may be disposed of in whole or in part on the terms and in the manner that the board, after consultation with the appropriate legislative committee, may determine to be in the state's best interest, subject to The Enabling Act and constitutional restrictions. Disposal of the property may not be finally concluded until 60 days' public notice of the terms of the proposed disposal has been given.
(2) Notwithstanding any other section in this chapter, any lands, including buildings, granted to the state by the United States pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., or acquired by the state as remedial action pursuant to 75-10-704, 75-10-711, or 75-10-712 may be disposed of in whole or in part on the terms and in the manner that the board, after consultation with the director of the department of environmental quality, determines to be in the state's best interest.
History: En. 81-907.1 by Sec. 1, Ch. 410, L. 1977; R.C.M. 1947, 81-907.1; amd. Sec. 3, Ch. 274, L. 1989; amd. Sec. 320, Ch. 418, L. 1995.