_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT revising laws related to land servitudes and easements; allowing the owner of a servient tenement to mark the servitude boundaries with signage; providing that the extent of a servitude may not extend beyond those purposes provided for in writing; AMENDING SECTION 70-17-106, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

NEW SECTION. Section 1. Easement signage. The owner of a servient tenement may place private property signage along the servitude boundary to ensure those persons or entities using the servitude understand the servitude boundary.

Section 2. Section 70-17-106, MCA, is amended to read:

"70-17-106. Extent of servitude. (1) Except as otherwise provided in 23-2-312, 23-2-322, and this section, The the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired.

(2) A servitude granted, either by the terms of the grant or by the nature of the enjoyment, to a local, state, or federal government body for administrative purposes does not create a right to use the servitude for any other purpose unless specifically provided for in writing in the grant.

(3) The holder of a written servitude may not use the servitude to grant additional rights and privileges to a successor or assignee unless the successor or assignee is specifically provided for in writing in the grant."

NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 70, chapter 17, part 1, and the provisions of Title 70, chapter 17, part 1, apply to [section 1].

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.