Montana Code Annotated 1997

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     76-3-201. Exemption for certain divisions of land. (1) Unless the method of disposition is adopted for the purpose of evading this chapter, the requirements of this chapter may not apply to any division of land that:
     (a) is created by order of any court of record in this state or by operation of law or that, in the absence of agreement between the parties to the sale, could be created by an order of any court in this state pursuant to the law of eminent domain, Title 70, chapter 30;
     (b) is created to provide security for construction mortgages, liens, or trust indentures;
     (c) creates an interest in oil, gas, minerals, or water that is severed from the surface ownership of real property;
     (d) creates cemetery lots;
     (e) is created by the reservation of a life estate;
     (f) is created by lease or rental for farming and agricultural purposes.
     (2) Before a court of record orders a division of land under subsection (1)(a), the court shall notify the governing body of the pending division and allow the governing body to present written comment on the division.

     History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec. 2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(9); amd. Sec. 2, Ch. 503, L. 1997.

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