1999 Montana Legislature

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AN ACT GENERALLY REVISING LAWS GOVERNING STATE LANDS TO REMOVE PROVISIONS DECLARED INVALID; AMENDING SECTIONS 20-6-621, 20-15-403, 77-2-106, 77-2-211, 77-2-303, 77-2-311, AND 77-3-132, MCA; AND REPEALING SECTIONS 7-35-4104, 77-3-321, AND 77-5-213, MCA.


     Section 1.  Section 20-6-621, MCA, is amended to read:

     "20-6-621.  Selection of school sites, -- approval election, and lease of state lands. (1)  (a) Except as provided in subsection (1)(b), the trustees of a district may select the sites for school buildings or for other school purposes, but the selection must first be approved by the qualified electors of the district before a contract for the purchase of a site is entered into by the trustees.

     (b)  The trustees may purchase or otherwise acquire property contiguous to an existing site that is in use for school purposes without a site approval election. The trustees may take an option on a site prior to the site approval election.

     (2)  The election for the approval of a site must be called under the provisions of 20-20-201 and must be conducted in the manner prescribed by this title for school elections. An elector who may vote at a school site election is qualified to vote under the provisions of 20-20-301. If a majority of those voting at the election approve the site selection, the trustees may purchase the site. A site approval election is not required when the site was specifically identified in an election at which an additional levy or the issuance of bonds was approved for the purchase of the site.

     (3)  Any site for a school building or other building of the district that is selected or purchased by the trustees must:

     (a)  be in a place that is convenient, accessible, and suitable;

     (b)  comply with the minimum size and other requirements prescribed by the department of public health and human services; and

     (c)  comply with the statewide building regulations, if any, promulgated by the department of commerce.

     (4)  The board of land commissioners may sell, at the appraised value, or lease for any period of time less than 99 years, at an amount of $1 per year, to a district any tract of state land of not more than:

     (a) 25 acres to be used as a site in the district for an elementary school; or

     (b)  50 acres to be used as a site in the district for a high school."

     Section 2.  Section 20-15-403, MCA, is amended to read:

     "20-15-403.  Applications of other school district provisions. (1) When the term "school district" appears in the following sections outside of Title 20, the term includes community college districts and the provisions of those sections applicable to school districts apply to community college districts: 2-9-101, 2-9-111, 2-9-316, 2-16-114, 2-16-602, 2-16-614, 2-18-703, 7-3-1101, 7-6-2604, 7-6-2801, 7-7-123, 7-8-2214, 7-8-2216, 7-11-103, 7-12-4106, 7-13-110, 7-13-210, 7-15-4206, 10-1-703, 15-1-101, 15-6-204, 15-16-101, 15-16-605, 15-70-301, 17-5-101, 17-5-202, 17-6-103, 17-6-204, 17-6-213, 17-7-201, 18-1-201, 18-2-101, 18-2-103, 18-2-113, 18-2-114, 18-2-401, 18-2-404, 18-2-432, 18-5-205, 19-1-102, 19-1-811, 22-1-309, 25-1-402, 27-18-406, 33-20-1104, 39-3-104, 39-4-107, 39-31-103, 39-31-304, 39-71-116, 39-71-117, 39-71-2106, 40-6-237, 41-3-1132, 49-3-101, 49-3-102, 53-20-304, 77-3-321, 82-10-201 through 82-10-203, 85-7-2158, and 90-6-208 and Rules 4D(2)(g) and 15(c), M.R.Civ.P., as amended.

     (2)  When the term "school district" appears in a section outside of Title 20 but the section is not listed in subsection (1), the school district provision does not apply to a community college district."

     Section 3.  Section 77-2-106, MCA, is amended to read:

     "77-2-106.  Charge for granting of easement. The board shall charge and cause to be collected collect the full market value of the estate or interest disposed of through the granting of any such easement and also fix, charge, and cause to be collected collect the amount of the actual damages resulting to the remaining land or lands from the granting of such an easement as nearly as the same damages can be ascertained. Where a road follows the section lines of state lands, the increased value accruing to said lands on account of construction of a road on said right-of-way easement shall be taken into consideration by the board in determining compensation, if any, for the easement."

     Section 4.  Section 77-2-211, MCA, is amended to read:

     "77-2-211.  Exchange of timbered, cut-over, or burned-over lands. The board may accept on behalf of the state title in fee simple to any timbered lands or lands from which the timber has been cut or burned and in exchange therefor may convey lands not to exceed an equal value, as determined by the board after appraisal by a qualified land appraiser, of similar state land. However, no such an exchange may not be made except that which in unless the exchange, in the opinion of the board, will benefit the public interest. For the purpose of such an exchange, all state lands, including those referred to in 77-2-303(3) 77-2-303(2), 77-2-311, and 77-5-101, are subject to be offered for such exchange, and any restrictions against their sale or disposal are, for the purpose of such an exchange, released."

     Section 5.  Section 77-2-303, MCA, is amended to read:

     "77-2-303.  Restrictions on land available for sale. (1) Except as provided in 77-2-318, lands classified as timberlands are not subject to sale, but timber thereon may be sold and disposed of in the manner provided by law.

     (2)(1)  Lands which that in the judgment of the board are likely to contain valuable deposits of coal, oil, oil shale, phosphate, metals, sodium, or other valuable mineral deposits are not subject to sale, of either the surface land or any of such the mineral deposits therein. However, this does not prohibit the sale of lands containing sand, gravel, building stone, brick clay, or similar materials.

     (3)(2)  (a) There is also reserved from sale from all state lands bordering on navigable lakes, or bordering on nonnavigable meandered lakes, and from all state lands bordering on navigable streams, as that the board may deem considers in the best interests of the state, a strip of land which shall include that includes all the land lying between low-water mark and high-water mark and which in addition shall extend that extends in width landward from the line of high-water mark of such the lake or stream the full width of the 40-acre tract or government lot abutting the line of high-water mark. If the width of such the abutting government lot at its narrowest point is less than 100 feet, then the strip hereby reserved shall must extend to and include the next adjoining 40-acre tract or government lot. The land reserved from sale by this subsection shall be is subject to the granting of easements the same as other state lands.

     (b)  Such strips Strips of land bordering on meandering lakes or on navigable streams, except the strip lying between low-water and high-water mark, whether surveyed and platted into blocks and lots or not, may, however, be leased as provided in this title for the leasing of other state lands."

     Section 6.  Section 77-2-311, MCA, is amended to read:

     "77-2-311.  Survey and plat of shore lands. The board may in its discretion cause any part of the lands bordering on lakes described in 77-2-303(3) 77-2-303(2) and on navigable streams which that are reserved from sale to be surveyed and platted into blocks and lots, the. The lots to may not be not less than 125 feet in width, the width to be measured in the general direction of the abutting water front; but in. In all such surveys and plats the strip of 100 feet in width along the water front, referred to in 77-2-303(3)(a) 77-2-303(2)(a), shall must be reserved for the use and enjoyment of the public."

     Section 7.  Section 77-3-132, MCA, is amended to read:

     "77-3-132.  Leasing privileges of permittee. (1) During the life of any permit the permittee may apply for a lease of the lands or mineral rights covered by the permit, and if a lease is granted it shall must be in the form and subject to all the terms and conditions specified in this part, as in the case of a mining lease issued under this part. The permittee has the preference right to a lease, upon such terms as the board considers just, subject to this part, and in any event the permittee has preference without competitive bidding and upon the most favorable terms permitted under this part to 40 contiguous acres.

     (2)  If some other person makes a better bid for a mining lease upon the land covered by the permit and if the board awards a mining lease to a better bidder, the board shall also require such the mining lessee to pay to the permittee, prior to the issuance of the lease, the full value of all the work the permittee has performed upon the land under his the permit in connection with his prospecting and exploration work. Within 30 days from the date the board gives the permittee notice of the issuance of the mining lease or within such a further time as the board upon good cause shown allows, the permittee may remove from the land any machinery, equipment, improvements, and other property placed thereon by him on the land by the permittee."

     Section 8.  Repealer. Sections 7-35-4104, 77-3-321, and 77-5-213, MCA, are repealed.

- END -

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