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SENATE BILL NO. 276
INTRODUCED BY D. BERRY
AN ACT ALLOWING AN APPLICATION FOR AN EASEMENT ACROSS STATE LAND TO BE ACCOMPANIED BY A SURVEY PREPARED USING DATA COLLECTED THROUGH THE USE OF ALTERNATIVE SURVEY METHODS; AND AMENDING SECTION 77-2-102, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 77-2-102, MCA, is amended to read:
"77-2-102. Application for easement. (1) Application for an easement on state land must be made to the department.
Except as provided in
subsection subsections (3) and (4), the application must describe the proposed right-of-way according
to survey, show the necessity for the proposed highway or street or other easement, and give any additional information that
the department requires.
(2) This application must be accompanied by two exact copies of the official plat of the proposed highway, street, or
duly verified by the affidavit of the engineer or surveyor who prepared the application. These plats must
show the quantity of land taken by the proposed highway or street or other easement for each 40-acre tract or government
lot of state land over or through which it passes and also the amount of land remaining in each portion of that 40-acre tract
or government lot. When considered necessary by the department, these plats must show all these facts for smaller
subdivisions as the circumstances may render desirable for the state.
(3) The application must include the affidavit of a licensed engineer or professional surveyor stating that the methodology used is known to be accurate to within 5 meters. The survey must be tied to an established section corner or 1/4 corner monument. The department may request greater accuracy if the department determines that the information is needed to adequately describe the easement.
(3)(4) If the purpose of the right-of-way applied for is the transmission or distribution of electric energy or the
construction and operation of pipelines or telephone, telegraph, or radio systems, the plats and measurements need not be
given. An exact geographical survey is not required, but the application must include the description of the location of the
center line of the right-of-way that refers to an established monument within a filed corner recordation form, certificate of
survey, or subdivision plat. The accuracy requirements of subsection (3) must be met. The entire right-of-way may be
applied for in one application with only one plat of the entire right-of-way required. An archaeological survey is not required
if, in the opinion of the department, no heritage properties property would not be impacted."
- END -
Latest Version of SB 276 (SB0276.ENR)
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