reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-115. Acquisition of water right by lessee -- limitation

77-6-115. Acquisition of water right by lessee -- limitation.
(1) Subject to subsection (4), the lessee of state lands may at any time prior to 1 year before the expiration of the lease make application to the board for permission to secure a water right to the land under the lease. The application must be in writing and must show how much of the land can be irrigated, the permanency of the water supply, and the probable cost of placing the land under irrigation. If the proposed plan meets with the approval of the board, permission must be granted the lessee to secure the desired water right for the land and to place the land under irrigation.
(2) Subject to subsection (4), if the water right becomes a permanent and valuable improvement, then in case of the sale or lease of the land to other parties, the former lessee is entitled to receive compensation in the amount of the reasonable value of the water right, as in the case of other improvements, from the new lessee or the purchaser.
(3) These provisions may not be construed to make the state liable to the lessee for the payment of the cost or value of the irrigation improvements.
(4) A water right acquired under this section may not interfere with a water right used in conjunction with a structure described in 77-1-134.
History: En. Sec. 33, Ch. 60, L. 1927; re-en. Sec. 1805.33, R.C.M. 1935; R.C.M. 1947, 81-420; amd. Sec. 2566, Ch. 56, L. 2009; amd. Sec. 13, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-116. Voluntary termination of lease to allow concurrence with federal conservation reserve program -- competitive bidding required

77-6-116. Voluntary termination of lease to allow concurrence with federal conservation reserve program -- competitive bidding required.
(1) A lessee of state land who wishes to enter the state land in the federal conservation reserve program may request voluntary termination of the remainder of the lease prior to scheduled expiration in order to seek a renewal lease that will run concurrently with the federal program. The lessee shall apply for voluntary termination to the department on a form prescribed by the department. The form must specify:
(a) the name of the lessee and a designation of the leased land for which voluntary termination is sought;
(b) the scheduled termination date of the lease; and
(c) the term of eligibility of the land under the federal conservation reserve program.
(2) Upon receipt of a proper application, the department shall terminate the remainder of the lease. When a request for voluntary termination is granted, the department shall fulfill the notification requirements of 77-6-204, and the lease is subject to the same competitive bidding process as renewal leases under 77-6-205. However, the lessee requesting voluntary termination retains the preference right allowed under 77-6-205.
(3) If a lease renewal is granted pursuant to 77-6-205 to a lessee who has requested voluntary termination under this section, the term of the renewal lease must coincide with the term of eligibility under the federal conservation reserve program.
History: En. Sec. 1, Ch. 555, L. 1989.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-201. Appraisal of grazing lands

77-6-201. Appraisal of grazing lands.
(1) The department shall appraise the grazing lands owned by the state as to their animal-unit-month carrying capacity and make and preserve records of carrying capacity in its office and from time to time reexamine these lands as to their animal-unit-month carrying capacity in order to keep the records in its office reasonably accurate.
(2) In appraising these grazing lands, the following factors must be taken into consideration:
(a) inventory of the forage resources, including kind, amount, and location of vegetation;
(b) accessibility and usability of this forage resource as influenced by topography, availability of stock water, and season of usability;
(c) condition of soils, including the erosion situation;
(d) other and related resources such as timber, game animals, and need for watershed protection;
(e) record of needed improvements and facilities, including fuel and stock water, revegetation, rodent control, trails, fences, and the like;
(f) pertinent facts and figures submitted by stockgrowers living in the area and directors of state grazing districts including the land or in its vicinity;
(g) carrying capacity set for similar land in a state grazing district in which the land is situated.
History: En. Sec. 4, Ch. 207, L. 1945; amd. Sec. 11, Ch. 428, L. 1973; R.C.M. 1947, 81-404; amd. Sec. 2567, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-202. Lease by competitive bidding -- full market value required

77-6-202. Lease by competitive bidding -- full market value required.
When the department receives an application to lease an unleased tract, it shall advertise for bids on the tract. The tract must be leased to the highest bidder unless the board determines that the bid is not in the state's best interest for the reasons set forth in 77-6-205(2). The board may not accept a bid that is below full market value. If the high bid is rejected, the board shall set forth the reasons for the rejection in writing. The lease may be issued, at a rental rate to be determined by the board, to the first bidder who is willing to pay the board-determined rate whose name is selected through a random selection process from all bidders on the tract.
History: En. Sec. 21, Ch. 60, L. 1927; re-en. Sec. 1805.21, R.C.M. 1935; amd. Sec. 1, Ch. 65, L. 1939; amd. Sec. 1, Ch. 20, L. 1941; amd. Sec. 5, Ch. 207, L. 1945; amd. Sec. 3, Ch. 260, L. 1963; amd. Sec. 12, Ch. 428, L. 1973; amd. Sec. 1, Ch. 311, L. 1977; R.C.M. 1947, 81-405(3); amd. Sec. 3, Ch. 586, L. 1993; amd. Sec. 288, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-203. Bid deposit

77-6-203. Bid deposit.
(1) A person bidding for the lease of state lands shall deposit with the department, as evidence of good faith, a certified check, cashier's check, or money order in an amount equal to 100% of the annual rental bid in the case of grazing land and an amount equal to $20 per acre for each acre of agricultural land contained in the lease in the case of agricultural land on which the bid is made on a crop share basis.
(2) The department shall retain the deposit of the successful bidder, apply it on the rental for the first year of the lease only, and return any balance of the deposit at the end of the first year to the successful bidder. The department shall return the deposits of the unsuccessful bona fide bidders. If the department finds a bid has been submitted that is frivolous, forged, or a bad faith bid or a bid submitted for purposes of harassment, the deposit is forfeited. The department shall make a reasonable attempt to notify the bidder in writing of the forfeiture and reasons therefor.
(3) If the successful bidder fails to execute the lease for any reason, the deposit is forfeited.
(4) The department shall credit all forfeited deposits to the interest and income account of the proper trust.
History: En. Sec. 1, Ch. 185, L. 1963; amd. Sec. 29, Ch. 428, L. 1973; amd. Sec. 1, Ch. 133, L. 1974; R.C.M. 1947, 81-436; amd. Sec. 37, Ch. 281, L. 1983; amd. Sec. 1, Ch. 290, L. 1985; amd. Sec. 1, Ch. 89, L. 2005.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-204. Notification of termination of lease

77-6-204. Notification of termination of lease.
When a lease expires, is canceled, or is voluntarily terminated under 77-6-116, the department shall immediately notify the holder of the lease and all persons who have expressed an interest in leasing the land during or immediately preceding the term of the expired, canceled, or terminated lease.
History: En. Sec. 23, Ch. 60, L. 1927; amd. Sec. 2, Ch. 42, L. 1933; re-en. Sec. 1805.23, R.C.M. 1935; amd. Sec. 2, Ch. 65, L. 1939; amd. Sec. 5, Ch. 260, L. 1963; amd. Sec. 18, Ch. 240, L. 1971; amd. Sec. 30, Ch. 94, L. 1973; amd. Sec. 14, Ch. 428, L. 1973; amd. Sec. 3, Ch. 135, L. 1974; R.C.M. 1947, 81-407(part); amd. Sec. 4, Ch. 555, L. 1989.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-206. Withdrawal of lands from leasing

77-6-206. Withdrawal of lands from leasing.
Notwithstanding the foregoing provisions, the board may withdraw any agricultural or grazing land from further leasing for such period as the board determines to be in the best interest of the state. Bids for leases and applications for renewals of leases of state agricultural lands or state grazing lands shall be in writing and sealed and shall be submitted to the board at the office of the department.
History: En. Sec. 21, Ch. 60, L. 1927; re-en. Sec. 1805.21, R.C.M. 1935; amd. Sec. 1, Ch. 65, L. 1939; amd. Sec. 1, Ch. 20, L. 1941; amd. Sec. 5, Ch. 207, L. 1945; amd. Sec. 3, Ch. 260, L. 1963; amd. Sec. 12, Ch. 428, L. 1973; amd. Sec. 1, Ch. 311, L. 1977; R.C.M. 1947, 81-405(4).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-207. Form of lease -- bond optional

77-6-207. Form of lease -- bond optional.
The general form of lease to state lands shall be prescribed by the board, and no changes in the form for these leases may be made without the approval of the board. All leases shall be issued in duplicate, one copy shall be mailed to the lessee, and one copy shall be preserved by the department. Unless the board decides otherwise, these leases shall be issued without bonds, but the board may require a bond and prescribe the form and conditions thereof whenever it considers it necessary.
History: En. Sec. 29, Ch. 60, L. 1927; re-en. Sec. 1805.29, R.C.M. 1935; amd. Sec. 19, Ch. 428, L. 1973; R.C.M. 1947, 81-416.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-208. Assignment of leases -- subleasing -- loss of preference right

77-6-208. Assignment of leases -- subleasing -- loss of preference right.
(1) Leases to state lands may be assigned on blanks prescribed by the department, but an assignment is not binding on the state unless the assignment is filed with the department and approved by it and payment made of the assignment fee under 77-1-302.
(2) Preference must always be given to the applicant who wants the land for the applicant's own individual use, so that the full advantage coming from the leasing and use of the lands may reach those who actually till the soil and so that they are not compelled to pay a higher rental than that due the state.
(3) (a) If a lessee, other than a holder of a commercial lease, subleases state lands on terms less advantageous to the sublessee than the terms given by the state, the department shall cancel the lease, subject to the appeal procedure provided in 77-6-211.
(b) If a lessee subleases state lands without filing a copy of the sublease with the department and without receiving the department's approval, the department may cancel the lease, subject to the appeal procedure provided in 77-6-211.
(c) Upon approval by the department, a commercial leaseholder may sublease state land on terms less advantageous to the sublessee than the terms given to the lessee by the state. However, the department may adjust the lease rate to require that the lessee pay the state a portion of what the sublessee pays to the lessee.
(4) The subleasing of state land may result in loss of the preference right to renew the lease as provided in 77-6-212.
(5) An assignment or series of assignments may not be made to avoid the loss of the preference right under 77-6-212.
History: En. Sec. 32, Ch. 60, L. 1927; re-en. Sec. 1805.32, R.C.M. 1935; amd. Sec. 1, Ch. 14, L. 1937; amd. Sec. 12, Ch. 207, L. 1945; amd. Sec. 18, Ch. 121, L. 1965; amd. Sec. 3, Ch. 22, L. 1971; amd. Sec. 4, Ch. 27, L. 1971; amd. Sec. 21, Ch. 428, L. 1973; R.C.M. 1947, 81-419; amd. Sec. 2, Ch. 383, L. 1987; amd. Sec. 1, Ch. 96, L. 1993.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-209. Change from grazing lease to agricultural lease

77-6-209. Change from grazing lease to agricultural lease.
(1) When land is leased for grazing purposes and the lessee desires to cultivate any part of the land, the lessee shall, before doing any cultivation, make application to the department stating how much land the lessee desires to cultivate and showing the location in the section of the land and agree that for the remainder of the term of the lease the annual rental will be at the rate of the original lease until the time that the first crop is harvested from the cultivated portion of the lease. At the time of the first harvest, the lease must be at the original rate for that portion remaining as grazing land plus the crop share rental for that portion cultivated. If any person cultivates lands leased for grazing purposes without first securing the right to do so under this section, the department shall either cancel the lease, subject to the appeal procedure provided in 77-6-211, or require the lessee to pay twice the regular agricultural rental on the land cultivated in addition to the grazing rental.
(2) The provisions of this section must be incorporated in every lease.
History: En. Sec. 28, Ch. 60, L. 1927; re-en. Sec. 1805.28, R.C.M. 1935; amd. Sec. 9, Ch. 207, L. 1945; amd. Sec. 1, Ch. 120, L. 1963; amd. Sec. 2, Ch. 27, L. 1971; amd. Sec. 17, Ch. 428, L. 1973; R.C.M. 1947, 81-414; amd. Sec. 2568, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-210. Cancellation of leases

77-6-210. Cancellation of leases.
(1) The department may cancel a lease for any of the following causes:
(a) fraud, misrepresentation, or concealment of facts relating to its issue, which if known would have prevented its issue in the form or to the party issued;
(b) subleasing state land contrary to the provisions of 77-6-212;
(c) using the land for other purposes than those authorized by the lease;
(d) conviction of the lessee for a felony offense involving a dangerous drug, as defined in Title 50, chapter 32, and involving the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, or concealing of a dangerous drug on any portion of the unit; however, when a state land lease is held by an association, company, or corporation, conviction of a member of the association, company, or corporation under this subsection does not result in cancellation of the lease unless it appears that the operator, manager, or family in control of the association, company, or corporation is a consenting party or privy to the violation of this subsection;
(e) for any other cause which in the judgment of the department makes the cancellation of the lease necessary in order to do justice to all parties concerned and to protect the interests of the state.
(2) Cancellation of a lease under this section does not entitle the lessee to any refund of rentals paid or exemption from the payment of any rentals, penalties, or other compensation due the state.
History: En. Sec. 36, Ch. 60, L. 1927; re-en. Sec. 1805.36, R.C.M. 1935; amd. Sec. 5, Ch. 27, L. 1971; amd. Sec. 23, Ch. 428, L. 1973; R.C.M. 1947, 81-422(1); amd. Sec. 3, Ch. 383, L. 1987; amd. Sec. 2, Ch. 319, L. 1989.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-211. Procedure to cancel lease -- appeal

77-6-211. Procedure to cancel lease -- appeal.
(1) When the department cancels a lease pursuant to 77-6-113, 77-6-208, 77-6-209, or 77-6-210, it shall immediately notify the lessee by certified mail of the cancellation and the reasons therefor. The date of cancellation is 15 days from the date the notice is received by the lessee.
(2) The lessee has 15 days after the receipt of the notice to file with the department a notice of appeal for a hearing before the board. If notice of appeal is filed, the lease remains in effect until the decision of the board. Within 10 days after notice of appeal has been filed, the department shall set the time and place of hearing and shall so notify the lessee. The board may, after 10 days' notice to the lessee, change the time and place of hearing.
(3) Under rules it adopts, the board shall conduct an open hearing to determine whether the lease should be reinstated. The burden of proof is on the lessee to show why the lease should not be canceled. If the lease is reinstated, all of the lessee's rights and privileges thereunder shall be preserved; if not, the land shall be open for re-leasing as provided by law. If the board finds that the terms of the lease have been violated but in its judgment the violation is not serious enough to warrant cancellation, it may reinstate the lease and assess a penalty up to three times the annual rental against the lessee.
History: En. Sec. 36, Ch. 60, L. 1927; re-en. Sec. 1805.36, R.C.M. 1935; amd. Sec. 5, Ch. 27, L. 1971; amd. Sec. 23, Ch. 428, L. 1973; R.C.M. 1947, 81-422(2), (3).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-212. Loss of preference right -- cancellation of lease -- subleasing -- pasturing agreements

77-6-212. Loss of preference right -- cancellation of lease -- subleasing -- pasturing agreements.
(1) Except as provided in subsections (3) and (4), a lessee of state land classed as agricultural or grazing land may not exercise the preference right provided in 77-6-205 if the lessee subleases the land for more than 2 years in the term of the lease.
(2) The department shall cancel a lease of state agricultural or grazing land if the lessee subleases the land for more than 3 years during the term of the lease unless the sublease is made between members of a family as provided in subsection (3).
(3) A lessee under subsection (1) or (2) may sublease the land for a period of not more than 5 years without losing the preference right or the lease to state land if, during the term of the lease, the land is subleased only to a spouse, son, daughter, adopted child, or sibling of the lessee.
(4) The lessee does not lose the preference right or right to lease because of subleasing as provided under this section if:
(a) the sublease is one-third or less acres of the lease; or
(b) the sublease is considered to be a pasturing agreement and is approved in writing by the department prior to the initiation of the agreement.
(5) For purposes of this section, a sublease may not be considered a pasturing agreement unless the lessee personally retains management and physical control of the land and livestock. "Management" includes but is not limited to:
(a) providing all costs for improvements, land maintenance, and range renovation, if range renovation is approved by the department;
(b) making all decisions regarding rotation or other placement of livestock on state land;
(c) making all decisions regarding turn-in and turn-out dates of the livestock on state land; and
(d) making all decisions regarding proper range management, including placement of water, fencing, and salt.
(6) A lessee of state land classified as agricultural or grazing land loses the preference right provided in 77-6-205 upon conviction of a felony offense involving a dangerous drug, as defined in Title 50, chapter 32, and involving the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, or concealing of a dangerous drug on any portion of the unit. When a state land lease is held by an association, company, or corporation, conviction of a member of the association, company, or corporation under this subsection does not result in loss of lease preference unless it appears that the operator, manager, or family in control of the association, company, or corporation is a consenting party or privy to the violation of this subsection.
History: En. Sec. 4, Ch. 383, L. 1987; amd. Sec. 3, Ch. 319, L. 1989; amd. Sec. 2569, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 2. Leasing Procedure › 77-6-221. Unit of land defined

77-6-221. Unit of land defined.
As used in this part, "unit" means privately deeded land or land leased from the state, or a combination of the two, that is under the control of one operator, manager, or family.
History: En. Sec. 1, Ch. 319, L. 1989.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 3. Improvements › 77-6-301. Improvements authorized

77-6-301. Improvements authorized.
A lessee of state lands may place upon the lands a reasonable amount of improvements directly related to conservation of the land or necessary for proper utilization of it. These improvements may consist of fences, cultivation, improvement of the land itself, irrigation ditches, sheds, wells, reservoirs, and similar improvements.
History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 3. Improvements › 77-6-302. Compensation for improvements -- actual costs

77-6-302. Compensation for improvements -- actual costs.
(1) Except for the improvements described in 77-1-134, prior to renewal of a lease, the department shall request from the lessee a listing of improvements on the land associated with the lease, including the reasonable value of the improvements. This information must be provided to any party requesting to bid on the lease. Except for the improvements described in 77-1-134, when another person becomes the lessee of the land, the person shall pay to the former lessee the reasonable value of the improvements. The reasonable value may not be less than the full market value of the improvements.
(2) If the former lessee is unable to produce records establishing the reasonable value or if the former lessee and the new lessee are unable to agree on the reasonable value of the improvements, the value must be ascertained and fixed as provided in 77-6-306. The former lessee shall initiate this process within 60 days of notification from the department that there is a new lessee. The department notification must include an explanation of the requirements of 77-6-306. Failure to initiate the process within this time period results in all improvements, except those described in 77-1-134, becoming the property of the state.
(3) Upon the termination of a lease, the department may grant a license to the former lessee to remove the movable improvements from the land. Upon authorization, the movable improvements must be removed within 60 days or they become the property of the state unless the department for good cause grants additional time for the removal. The department shall charge the former lessee for the period of time that the improvements remain on the land after the termination of the lease.
History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part); amd. Sec. 5, Ch. 586, L. 1993; amd. Sec. 5, Ch. 270, L. 2001; amd. Sec. 1, Ch. 476, L. 2005; amd. Sec. 14, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 3. Improvements › 77-6-303. Determination of compensation

77-6-303. Determination of compensation.
(1) In determining the value of the improvements described in 77-6-302, consideration must be given to their original cost, their present condition, their suitability for the uses ordinarily made of the land on which they are located, and to the general state of cultivation of the land, its productive capacity as affected by former use, and its condition with reference to the infestation of noxious weeds. Consideration must be given to all actual improvements and to all known effects that the use and occupancy of the land have had upon its productive capacity and desirability for the new lessee.
(2) However, if any of the improvements consist of the original plowing of the land and 1 year's crops have been raised on the land after the plowing, the compensation for the improvement may not exceed $2.50 per acre, and if two or more crops have been raised on the land after the original plowing, the original plowing may not be considered as an improvement to the land.
History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part); amd. Sec. 15, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 3. Improvements › 77-6-304. Repealed

77-6-304. Repealed.
Sec. 7, Ch. 270, L. 2001.
History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 3. Improvements › 77-6-305. Repealed

77-6-305. Repealed.
Sec. 7, Ch. 270, L. 2001.
History: En. Sec. 34, Ch. 60, L. 1927; re-en. Sec. 1805.34, R.C.M. 1935; amd. Sec. 4, Ch. 257, L. 1965; amd. Sec. 22, Ch. 428, L. 1973; R.C.M. 1947, 81-421(part); amd. Sec. 6, Ch. 586, L. 1993.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 3. Improvements › 77-6-306. Arbitrators to fix value of improvements

77-6-306. Arbitrators to fix value of improvements.
(1) If the owner of any improvements on state lands of the type authorized by law at the time they were placed on state lands desires to sell these improvements to the new lessee and they are unable to agree on the value of the improvements pursuant to 77-6-302, the value must be ascertained and fixed by three arbitrators, one of whom is appointed by the owner of the improvements, one by the new lessee, and the third by the two appointed arbitrators. If any party refuses to appoint an arbitrator within 15 days of being requested to do so by the director of the department, the director may appoint an arbitrator for that party. An arbitrator appointed by the director has the same duties and powers as if appointed by one of the parties. The value of the improvements must be ascertained and fixed pursuant to 77-6-302.
(2) The reasonable compensation that the arbitrators may fix for their services must be paid in equal shares by the owner of the improvements and the new lessee.
(3) The value of the improvements ascertained and fixed is binding on both parties. If either party is dissatisfied with the valuation, the party may within 10 days appeal from the decision to the department. The department shall examine the records pertaining to the costs of the improvements, and except as provided in subsection (4), its decision is final. The department shall charge and collect the actual cost of the reexamination to the owner and the new lessee in the proportion as, in its judgment, justice may demand.
(4) If either party is dissatisfied with the valuation fixed by the department, the party may within 30 days after receipt of the department's decision petition the district court in the county in which the majority of the state land is located for judicial review of the decision.
History: En. Sec. 22, Ch. 60, L. 1927; re-en. Sec. 1805.22, R.C.M. 1935; amd. Sec. 4, Ch. 260, L. 1963; Sec. 81-406, R.C.M. 1947; redes. 81-421.1 and amd. by Sec. 13, Ch. 428, L. 1973; R.C.M. 1947, 81-421.1; amd. Sec. 1, Ch. 38, L. 1983; amd. Sec. 7, Ch. 586, L. 1993; amd. Sec. 327, Ch. 418, L. 1995; amd. Sec. 2, Ch. 476, L. 2005.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 4. Pledges and Mortgages of Leasehold Interests › 77-6-401. Pledge or mortgage of leasehold interest in state lands

77-6-401. Pledge or mortgage of leasehold interest in state lands.
Any lessee of a grazing or agricultural lease of state lands is authorized to pledge the lease or mortgage the leasehold interest in the lands.
History: En. Sec. 1, Ch. 52, L. 1947; R.C.M. 1947, 81-425; amd. Sec. 2570, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 4. Pledges and Mortgages of Leasehold Interests › 77-6-402. Filing with department required

77-6-402. Filing with department required.
The pledgee of such lease or the mortgagee of such leasehold interest shall, within 30 days after receipt of the pledge agreement or mortgage, file it or a certified copy thereof with the department.
History: En. Sec. 2, Ch. 52, L. 1947; amd. Sec. 21, Ch. 121, L. 1965; amd. Sec. 4, Ch. 22, L. 1971; amd. Sec. 26, Ch. 428, L. 1973; R.C.M. 1947, 81-426.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 4. Pledges and Mortgages of Leasehold Interests › 77-6-403. Transfer of lease

77-6-403. Transfer of lease.
(1) Except as provided in subsection (2), upon due proof that a person has acquired through foreclosure or conveyance the pledgor's or mortgagor's leasehold interest, the board shall transfer the lease to that person, who is subject to all the conditions, obligations, and liabilities and entitled to all the rights and privileges provided for in the lease. To authorize transfer of a lease, a decree of foreclosure must specifically refer to the lease or the leased premises, but neither the board nor the department is required to be named as a party to the action. The plaintiff shall, however, file a copy of the complaint with the department at the time it is filed with the court.
(2) Nothing in this section may be construed to require the board to complete the transfer of a lease to an assignee whom the board considers unqualified as a lessee of state lands.
History: En. Sec. 3, Ch. 52, L. 1947; R.C.M. 1947, 81-427; amd. Sec. 1, Ch. 679, L. 1991.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 4. Pledges and Mortgages of Leasehold Interests › 77-6-404. Proof of termination of pledge or mortgage to be filed

77-6-404. Proof of termination of pledge or mortgage to be filed.
The lessee of any grazing or agricultural lease of or leasehold interest in state lands which is pledged or mortgaged as provided in this part shall, within 30 days after payment of the indebtedness secured thereby or within 30 days after the pledge agreement is terminated or the leasehold interest is released from the mortgage, file with the department proof of that fact.
History: En. Sec. 4, Ch. 52, L. 1947; amd. Sec. 20, Ch. 121, L. 1965; amd. Sec. 5, Ch. 22, L. 1971; amd. Sec. 27, Ch. 428, L. 1973; R.C.M. 1947, 81-428.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 5. Rental Provisions › 77-6-501. Agricultural leases

77-6-501. Agricultural leases.
(1) For agricultural land, all leases except lease renewals upon which the lessee has made improvements at the lessee's expense, as provided in subsection (3), must be continued or made upon a crop share rental basis of not less than one-fourth of the annual crops to the state or the usual landlord's share prevailing in the district, whichever is greater. The board may, however, approve special crop share rentals of less than one-fourth for high production cost crops, such as but not limited to potatoes and sugar beets, or for high production cost methods when these methods would result in more income to the state. The board may not delegate the authority to approve special crop share rentals.
(2) Except in the case of cash lease renewals under subsection (3), if it is in the best interests of the state, the department may authorize a lease upon other bases than crop share, but in these cases, the rental must at least equal the value of the usual landlord's share prevailing in the district under similar circumstances, and the department shall set forth in the records the conditions of the case and the rental to be charged.
(3) Subject to 77-1-134, in a case in which the lessee has made substantial improvements for irrigation purposes to the lease at the lessee's own expense, the department shall authorize a cash lease renewal at not less than $15 an acre on the portion of the lease that has been improved.
(4) For all agricultural leases issued through competitive bidding provided for under 77-6-202 or 77-6-205, the department shall require on any competitive bid greater than a one-third crop share a minimum annual guarantee of not less than $15 an acre.
(5) The department shall set annual hay prices based on round bales for agricultural leases under the jurisdiction of the regional land offices.
History: En. Sec. 20, Ch. 60, L. 1927; re-en. Sec. 1805.20, R.C.M. 1935; amd. Sec. 2, Ch. 207, L. 1945; amd. Sec. 1, Ch. 254, L. 1947; amd. Sec. 2, Ch. 201, L. 1949; amd. Sec. 2, Ch. 260, L. 1963; amd. Sec. 2, Ch. 257, L. 1965; amd. Sec. 10, Ch. 428, L. 1973; amd. Sec. 1, Ch. 134, L. 1974; amd. Sec. 2, Ch. 135, L. 1974; R.C.M. 1947, 81-402(part); amd. Sec. 1, Ch. 54, L. 1985; amd. Sec. 1, Ch. 168, L. 1993; amd. Sec. 1, Ch. 5, L. 1999; amd. Sec. 16, Ch. 472, L. 2009; (5)En. Sec. 1, Ch. 397, L. 2021.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 5. Rental Provisions › 77-6-502. Grazing leases

77-6-502. Grazing leases.
(1) The rental rate for leasing all state grazing lands must attain full market value based upon the appraised animal-unit-month carrying capacity of the land as provided in 77-6-507.
(2) If the board raises the rentals for state grazing lands during the term of any leases of grazing land that are not issued as a result of competitive bidding, the lessee shall, for the years after the increase becomes effective, pay the increased rental, and the terms of grazing leases must provide for the increase.
History: (1)En. Sec. 20, Ch. 60, L. 1927; re-en. Sec. 1805.20, R.C.M. 1935; amd. Sec. 2, Ch. 207, L. 1945; amd. Sec. 1, Ch. 254, L. 1947; amd. Sec. 2, Ch. 201, L. 1949; amd. Sec. 2, Ch. 260, L. 1963; amd. Sec. 2, Ch. 257, L. 1965; amd. Sec. 10, Ch. 428, L. 1973; amd. Sec. 1, Ch. 134, L. 1974; amd. Sec. 2, Ch. 135, L. 1974; Sec. 81-402, R.C.M. 1947; (2)En. Sec. 23, Ch. 60, L. 1927; amd. Sec. 2, Ch. 42, L. 1933; re-en. Sec. 1805.23, R.C.M. 1935; amd. Sec. 2, Ch. 65, L. 1939; amd. Sec. 5, Ch. 260, L. 1963; amd. Sec. 18, Ch. 240, L. 1971; amd. Sec. 30, Ch. 94, L. 1973; amd. Sec. 14, Ch. 428, L. 1973; amd. Sec. 3, Ch. 135, L. 1974; Sec. 81-407, R.C.M. 1947; R.C.M. 1947, 81-402(part), 81-407(part); amd. Sec. 8, Ch. 586, L. 1993.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 5. Rental Provisions › 77-6-503. Leases of city lots, town lots, and commercial property

77-6-503. Leases of city lots, town lots, and commercial property.
The fair rental value of state-owned town lots, city lots, and land valuable for commercial development must be determined from time to time by the department with the approval of the board, and a record must be made of the values. State-owned town lots, city lots, or land valuable for commercial development may be leased at the current appraised rental value for terms not to exceed 99 years.
History: En. Sec. 20, Ch. 60, L. 1927; re-en. Sec. 1805.20, R.C.M. 1935; amd. Sec. 2, Ch. 207, L. 1945; amd. Sec. 1, Ch. 254, L. 1947; amd. Sec. 2, Ch. 201, L. 1949; amd. Sec. 2, Ch. 260, L. 1963; amd. Sec. 2, Ch. 257, L. 1965; amd. Sec. 10, Ch. 428, L. 1973; amd. Sec. 1, Ch. 134, L. 1974; amd. Sec. 2, Ch. 135, L. 1974; R.C.M. 1947, 81-402(part); amd. Sec. 5, Ch. 488, L. 1985; amd. Sec. 16, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 5. Rental Provisions › 77-6-504. Lease rentals for part year

77-6-504. Lease rentals for part year.
Lease rentals for agricultural or grazing state land, where the lease term begins after February 28 in the initial year of the lease, shall be for the whole of the yearly rate for the fractional part of the initial year if the lease term begins prior to July 1 in such fractional part of year, and for one-half the yearly rate for such fractional part of the year if the lease term begins after June 30 in the initial year and prior to the succeeding February 28.
History: En. Sec. 7, Ch. 207, L. 1945; R.C.M. 1947, 81-410.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 5. Rental Provisions › 77-6-505. No reduction for summer fallow

77-6-505. No reduction for summer fallow.
No credit or reduction or refund in rental shall be allowed any lessee of agricultural or grazing state land on account of summer fallow.
History: En. Sec. 8, Ch. 207, L. 1945; R.C.M. 1947, 81-411.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 5. Rental Provisions › 77-6-507. Formula for fixing annual rental

77-6-507. Formula for fixing annual rental.
(1) In this section:
(a) "animal unit" means one cow, one horse, five sheep, or five goats;
(b) "animal-unit-month carrying capacity" means that amount of natural feed necessary for the complete subsistence of one animal unit for 1 month.
(2) The board shall establish the per annum rental rate per section of all grazing lands that are the property of the state by multiplying a factor established by the board pursuant to 77-6-502 times the average price per pound of beef cattle on the farm in Montana for the previous year times the animal-unit-month carrying capacity of the land.
(3) The carrying capacity of the land to be used in the above formula must be in accordance with the determinations of the department made under 77-6-201.
(4) The average price per pound of beef cattle on the farm in Montana must be taken from statistics published by the United States department of agriculture current at the time of computation of the rental or from other reliable sources current at that time.
(5) In establishing the rental rate described in subsection (2), the board shall consider applicable elements that include but are not limited to those set forth in 77-1-106.
History: En. Sec. 2, Ch. 190, L. 1949; amd. Sec. 1, Ch. 229, L. 1951; amd. Sec. 1, Ch. 284, L. 1959; amd. Sec. 6, Ch. 260, L. 1963; amd. Sec. 1, Ch. 97, L. 1973; amd. Sec. 28, Ch. 428, L. 1973; R.C.M. 1947, 81-433; amd. Sec. 1, Ch. 259, L. 1979; amd. Sec. 1, Ch. 38, L. 1991; amd. Sec. 12, Ch. 586, L. 1993.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 5. Rental Provisions › 77-6-508. Effect of competitive bidding

77-6-508. Effect of competitive bidding.
Whenever competitive bidding establishes a rental price higher than the rental price established by the board, the board in leasing the lands shall incorporate in the lease conservation requirements as are considered necessary for the protection of the grass or forage crops.
History: En. Sec. 3, Ch. 190, L. 1949; R.C.M. 1947, 81-434; amd. Sec. 9, Ch. 586, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 1. Department of Agriculture › Part 1. General Provisions › 80-1-101. Definition

80-1-101. Definition.
Unless the context requires otherwise, in this title "department" means the department of agriculture provided for in Article XII, section 1, of the Montana constitution and in Title 2, chapter 15, part 30.
History: En. 3-106.1 by Sec. 1, Ch. 218, L. 1974; R.C.M. 1947, 3-106.1.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 1. Department of Agriculture › Part 1. General Provisions › 80-1-102. Duties of department

80-1-102. Duties of department.
The department shall:
(1) encourage and promote the interests of agriculture, including horticulture and apiculture, and all other allied industries;
(2) collect and publish statistics relating to the production and marketing of crops and other agricultural products so far as the information may be of value to the agricultural and allied interests of the state;
(3) assist, encourage, and promote the organization of farmers' institutes, horticultural and agricultural societies, the holding of fairs, livestock shows, or other exhibits of the products of agriculture;
(4) adopt standards for open and closed receptacles for farm products and standards for the grade and other classification of farm products;
(5) cooperate with producers and consumers in devising and maintaining economical and efficient systems of distribution and aid in the reduction of waste and expense incidental to marketing;
(6) have the authority to maintain a market news service, including information as to crops, freight rates, commission rates, and other matters as may be of service to producers and consumers, and act as a clearinghouse for information of value to producers and consumers;
(7) gather and diffuse information concerning the supply, demand, prevailing prices, and commercial movement of farm products;
(8) investigate the practices and methods of factors, commission merchants, and others who receive, solicit, buy, sell, handle on commission or otherwise, or deal in grain, vegetables, or other farm products, so that distribution of the commodities is accomplished efficiently, economically, and without hardship, waste, or fraud;
(9) cooperate with Montana state university-Bozeman, the agricultural experiment station, and the federal government for the betterment of the agricultural industries of the state, the improvement of rural life, and promotion of equality of opportunity for the farmers of the state;
(10) take and hold in the name of the state of Montana property, real and personal, acquired by gifts, subscriptions, donations, and bequests;
(11) sell and dispose of personal property owned by it in a manner the department may provide, when in the judgment of the department the sale or disposal best promotes the purposes for which the department is established;
(12) contract in respect to any matter within the scope of its authority;
(13) enforce this title and all other laws for the protection and regulation of agriculture.
History: En. Sec. 7, Ch. 216, L. 1921; re-en. Sec. 3561, R.C.M. 1921; re-en. Sec. 3561, R.C.M. 1935; amd. Sec. 13, Ch. 80, L. 1961; amd. Sec. 2, Ch. 218, L. 1974; R.C.M. 1947, 3-107; amd. sec. 36, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 1. Department of Agriculture › Part 1. General Provisions › 80-1-103. Restriction on use of revenue to include department fees

80-1-103. Restriction on use of revenue to include department fees.
The restriction in Article XII, section 1(2), of the Montana constitution, which provides that revenue derived from special levies made on agricultural commodities must be used solely for the purposes of the levies, applies to all fees assessed by the department for licenses, registrations, inspections, and other purposes pursuant to this title. Levy purposes may include department administrative expenses.
History: En. Sec. 1, Ch. 71, L. 2003.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 1. Department of Agriculture › Part 1. General Provisions › 80-1-104. Analytical laboratory services -- rulemaking authority -- deposit of fees

80-1-104. Analytical laboratory services -- rulemaking authority -- deposit of fees.
(1) The department is authorized to provide analytical laboratory services for:
(a) programs it operates under this title;
(b) other state or federal agencies;
(c) the department of revenue for the purposes of Title 16, chapter 12, as allowed by federal law; and
(d) private parties.
(2) The department may enter into a contract or a memorandum of understanding for the space and equipment necessary for operation of the analytical laboratory.
(3) (a) The department may adopt rules establishing fees for testing services required under this title or provided to another state agency, a federal agency, or a private party.
(b) Money collected from the fees must be deposited in the appropriate related account in the state special revenue fund to the credit of the department to pay costs related to analytical laboratory services provided pursuant to this section.
History: En. Sec. 1, Ch. 31, L. 2015; amd. Sec. 27, Ch. 408, L. 2017; amd. Sec. 51, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 99, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 1. Department of Agriculture › Part 2. Farm Statistics › 80-1-201. Department of revenue to collect farm statistics

80-1-201. Department of revenue to collect farm statistics.
It shall be the duty of the department of revenue, at the time of making the annual assessment of property to collect such statistics in relation to farm products and agricultural resources from each farm owner, operator, or renter as shall be called for by the director of agriculture and on blanks to be prepared and furnished by the director of agriculture.
History: En. Sec. 1, Ch. 187, L. 1921; re-en. Sec. 2043, R.C.M. 1921; re-en. Sec. 2043, R.C.M. 1935; amd. Sec. 22, Ch. 405, L. 1973; R.C.M. 1947, 84-449.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 1. Department of Agriculture › Part 2. Farm Statistics › 80-1-202. Delivery to director of agriculture

80-1-202. Delivery to director of agriculture.
The original blanks upon which the statistics are gathered by the department of revenue shall be returned to the director of agriculture immediately on completion of the assessment work and not later than July 1 each year.
History: En. Sec. 2, Ch. 187, L. 1921; re-en. Sec. 2044, R.C.M. 1921; re-en. Sec. 2044, R.C.M. 1935; amd. Sec. 23, Ch. 405, L. 1973; R.C.M. 1947, 84-450.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 1. Department of Agriculture › Part 2. Farm Statistics › 80-1-203. Statistics, how obtained

80-1-203. Statistics, how obtained.
If for any reason the department of revenue is unable to obtain the statistics from any farm owner, operator, or renter, it shall obtain them from the most reliable source, so that the returns may be complete.
History: En. Sec. 3, Ch. 187, L. 1921; re-en. Sec. 2045, R.C.M. 1921; re-en. Sec. 2045, R.C.M. 1935; amd. Sec. 24, Ch. 405, L. 1973; R.C.M. 1947, 84-451.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 1. Department of Agriculture › Part 2. Farm Statistics › 80-1-204. Penalty for refusal to furnish statistics

80-1-204. Penalty for refusal to furnish statistics.
Any farm owner, operator, or renter refusing to furnish the information called for in 80-1-201, or willfully furnishing fraudulent information to the department of revenue, upon proper request therefor, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than $10 or more than $100, and cost of prosecution.
History: En. Sec. 4, Ch. 187, L. 1921; re-en. Sec. 2046, R.C.M. 1921; re-en. Sec. 2046, R.C.M. 1935; amd. Sec. 25, Ch. 405, L. 1973; R.C.M. 1947, 84-452.