Montana Code Annotated 2021



Part 8. Recreational Use of State Lands

Compensation For Damage To Improvements, Growing Crops, Or Livestock

77-1-809. Compensation for damage to improvements, growing crops, or livestock. A lessee may apply to the department for reimbursement of documented costs of repair to or replacement of improvements, growing crops, or livestock damaged by recreational users of state lands. For the purpose of this section, improvements include the structures described in 77-1-134. The application must include an affidavit by the applicant setting forth the nature of the loss, allegations and reasonable proof supporting the involvement of recreational users, and documentation of repair or replacement costs. Upon review of the application and supporting proof and upon additional investigation as required, the department shall grant, modify, or deny the claim. The department, by reason of payment to the lessee for damage to improvements, is entitled to be subrogated to the rights of the lessee to recover the amount paid from the party causing the damage. Payments under this section must be made from appropriations from the trust land administration account established by 77-1-108, and the liability of the department for damage payments is limited to 10% of revenue received from the recreational use fee and deposited in the account. Claim applications are to be considered in the order they are received.

History: En. Sec. 17, Ch. 609, L. 1991; amd. Sec. 69, Ch. 509, L. 1995; amd. Sec. 15, Ch. 465, L. 2009; amd. Sec. 10, Ch. 472, L. 2009.