AN ACT ENSURING CONTINUED ACCESS ACROSS PUBLIC LAND TO PRIVATE AND PUBLIC LAND; AMENDING SECTIONS 7-14-2615 AND 60-2-107, MCA; AND PROVIDING EFFECTIVE DATES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Purchase of historic easement across state land for benefit of private land. If a historic easement or right-of-way for access to private land exists across state land, the person owning the private land may purchase the nonexclusive easement as a permanent, nonexclusive easement. Upon receipt of the fair market value of the easement and proof of the existence of the easement or right-of-way and the purpose and proposed purchaser's use of the nonexclusive easement, the board may sell a permanent nonexclusive easement if it is across school land or other land granted to the state for the support and benefit of a state institution and shall sell a permanent nonexclusive easement if it is across other state land.

Section 2. Purchase of historic easement across county land for benefit of private land. If a historic easement or right-of-way for access to private land exists across county land, the person owning the private land may purchase the nonexclusive easement as a permanent, nonexclusive easement. The board of county commissioners shall sell a permanent, nonexclusive easement upon receipt of the fair market value of the easement and proof of the existence of the easement or right-of-way and the purpose and proposed purchaser's use of the nonexclusive easement.

Section 3. Section 7-14-2615, MCA, is amended to read:

"7-14-2615. Abandonment or vacation of county roads. (1) All county roads once established must continue to be county roads until abandoned or vacated by:

(a) operation of law;

(b) judgment of a court of competent jurisdiction; or

(c) the order of the board.

(2) An order to abandon a county road is not valid unless preceded by notice and public hearing.

(3) The board may not abandon a county road or right-of-way used to access public land unless another public road or right-of-way provides substantially the same access.

(4) The board may not abandon a county road or right-of-way used to access private land if the access benefits two or more landowners unless all of the landowners agree to the abandonment."

Section 4. Section 60-2-107, MCA, is amended to read:

"60-2-107. Abandonment of highways -- exchange of roadways. (1) The commission may abandon highways on the federal-aid systems and state highways.

(2) The commission may enter into an agreement with a unit of local government, on mutually beneficial terms, to exchange property interests or responsibilities, including maintenance, on any portion of a federal-aid or state highway and on any portion of a county road or city street.

(3) The commission may not abandon a highway, road, or right-of-way used to access public land unless another highway, road, or right-of-way provides substantially the same access.

(4) The commission may not abandon a highway, road, or right-of-way used to access private land if the access benefits two or more landowners unless all the landowners agree to the abandonment."

Section 5. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 77, chapter 1, part 1, and the provisions of Title 77 apply to [section 1].

(2) [Section 2] is intended to be codified as an integral part of Title 7, chapter 14, and the provisions of Title 7, chapter 14, apply to [section 2].

Section 6. Effective date -- contingent effective date. (1) [Sections 2 through 5 and this section] are effective on passage and approval.

(2) If the Montana Supreme Court invalidates subsection (4)(a) of 77-1-130, [section 1] is effective on the date of the decision. If the Montana Supreme Court does not invalidate subsection (4)(a) of 77-1-130, then [section 1] is void.

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I hereby certify that the within bill,

HB 0352, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 352

INTRODUCED BY M. BRAINARD, L. GRINDE, P. SLITER, B. STORY

AN ACT ENSURING CONTINUED ACCESS ACROSS PUBLIC LAND TO PRIVATE AND PUBLIC LAND; AMENDING SECTIONS 7-14-2615 AND 60-2-107, MCA; AND PROVIDING EFFECTIVE DATES.