SENATE BILL NO. 347
INTRODUCED BY J. SHOCKLEY
A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE ATTORNEY GENERAL TO INITIATE, JOIN, OR INTERVENE IN A CONSERVATION EASEMENT ENFORCEMENT ACTION; AMENDING SECTION 76-6-211, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-6-211, MCA, is amended to read:
"76-6-211. Who may enforce easement. (1) The owner of any estate in a dominant tenement or the occupant of such that tenement may maintain an action for the enforcement of an easement attached thereto to the tenement.
(2) Public bodies holding conservation easements shall enforce the provisions of these those easements.
(3) The attorney general may initiate, join, or intervene in a conservation easement enforcement action if the attorney general REASONABLY determines that:
(a) there is a violation or threatened violation of specific conservation easement terms; and
(b) the easement holder is not protecting the public interest by failing to enforce the terms of a conservation easement; AND
(C) THE EASEMENT HOLDER FAILS TO FULFILL THE PROVISIONS OF TITLE 76, CHAPTER 6."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
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Latest Version of SB 347 (SB0347.02)
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