Montana Code Annotated 2021



Part 2. Leasing Procedure

Change From Grazing Lease To Agricultural Lease

77-6-209. Change from grazing lease to agricultural lease. (1) When land is leased for grazing purposes and the lessee desires to cultivate any part of the land, the lessee shall, before doing any cultivation, make application to the department stating how much land the lessee desires to cultivate and showing the location in the section of the land and agree that for the remainder of the term of the lease the annual rental will be at the rate of the original lease until the time that the first crop is harvested from the cultivated portion of the lease. At the time of the first harvest, the lease must be at the original rate for that portion remaining as grazing land plus the crop share rental for that portion cultivated. If any person cultivates lands leased for grazing purposes without first securing the right to do so under this section, the department shall either cancel the lease, subject to the appeal procedure provided in 77-6-211, or require the lessee to pay twice the regular agricultural rental on the land cultivated in addition to the grazing rental.

(2) The provisions of this section must be incorporated in every lease.

History: En. Sec. 28, Ch. 60, L. 1927; re-en. Sec. 1805.28, R.C.M. 1935; amd. Sec. 9, Ch. 207, L. 1945; amd. Sec. 1, Ch. 120, L. 1963; amd. Sec. 2, Ch. 27, L. 1971; amd. Sec. 17, Ch. 428, L. 1973; R.C.M. 1947, 81-414; amd. Sec. 2568, Ch. 56, L. 2009.