2001 Montana Legislature

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SENATE BILL NO. 159

INTRODUCED BY L. GROSFIELD

Montana State Seal

AN ACT AUTHORIZING THE BOARD OF LAND COMMISSIONERS TO GRANT EASEMENTS FOR SPECIFIC USES IN STATE LANDS; AMENDING SECTION 77-2-101, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.



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



     Section 1.  Section 77-2-101, MCA, is amended to read:

     "77-2-101.  Easements for public specific uses. (1) The board may grant easements in state lands for schoolhouse sites and grounds, public parks, community buildings, cemeteries,, environmental control purposes, and other public uses upon proper applications accompanied by accurate and duly verified plats from the lawfully constituted authorities having charge of those properties. (1) Upon proper application as provided in 77-2-102, 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 an easement 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 ditch, reservoir, railroad, private road, or telegraph or telephone line, or any other public use as defined in 70-30-102. This subsection shall not be construed to grant authority to convey any such land, except for the purposes above set forth; or

     (b) any private building or private sewage system that encroaches on state lands."



     Section 2.  Effective date. [This act] is effective on passage and approval.

- END -




Latest Version of SB 159 (SB0159.ENR)
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