Montana Code Annotated 2021

TITLE 77. STATE LANDS

CHAPTER 1. ADMINISTRATION OF STATE LANDS

Part 1. General Provisions

Written Undertaking Required In Legal Action For Challenge To Use Or Disposition Of State Lands

77-1-110. Written undertaking required in legal action for challenge to use or disposition of state lands. (1) The purpose of this section is to advance the legitimate state interest in the protection of state trust assets as provided for in Article X, section 11, of the Montana constitution.

(2) In any civil action seeking an injunction or restraining order concerning a decision of the board or department approving a use or disposition of state lands that would produce revenue for any state lands trust beneficiary, the court shall require a written undertaking for the payment of damages that may be incurred by the trust beneficiary if the board or the department is wrongfully enjoined or restrained.

History: En. Sec. 1, Ch. 273, L. 1995; amd. Sec. 1, Ch. 504, L. 2001.