Montana § 77-2-101 Easements For Specific Uses

Montana Statutes

§ 77-2-101 — Easements For Specific Uses

Montana § 77-2-101

Title 77STATE LANDS

Ch. 2TRANSFERS AND RESERVATIONS OF PROPERTY INTERESTS

Part 1Easements

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Bluebook

Mont. Code Ann. § 77-2-101 (2026).

Text

77-2-101 . Easements for specific uses. Upon proper application as provided in 77-2-102 (1) through (5), the board may grant easements on state lands for the following purposes:

(1)public uses described in 70-30-102 ;

(2)schoolhouse sites and grounds;

(3)public parks;

(4)public trails;

(5)community buildings;

(6)cemeteries;

(7)conservation purposes:

(a)to the department of fish, wildlife, and parks for parcels that are surrounded by or adjacent to land owned by the department of fish, wildlife, and parks as of January 1, 2001; and

(b)to a nonprofit corporation for parcels that are surrounded by or adjacent to land owned by that same nonprofit corporation as of January 1, 2001;

(8)right-of-way across or on any portion of state lands for any public highway or street or for any cana

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77-2-101 . Easements for specific uses. Upon proper application as provided in 77-2-102 (1) through (5), the board may grant easements on state lands for the following purposes:
(1) public uses described in 70-30-102 ;
(2) schoolhouse sites and grounds;
(3) public parks;
(4) public trails;
(5) community buildings;
(6) cemeteries;
(7) conservation purposes:
(a) to the department of fish, wildlife, and parks for parcels that are surrounded by or adjacent to land owned by the department of fish, wildlife, and parks as of January 1, 2001; and
(b) to a nonprofit corporation for parcels that are surrounded by or adjacent to land owned by that same nonprofit corporation as of January 1, 2001;
(8) right-of-way across or on any portion of state lands for any public highway or street or for any canal, ditch, flume, aqueduct, pipe, reservoir, railroad, private road, telephone line, or water conveyance for irrigation purposes;
(9) any private building or private sewage system that encroaches on state lands;
(10) pursuant to 77-1-1112 or 77-1-1115 , the use of the bed of a navigable river; or
(11) pursuant to 77-2-102 (6), private access roads, county roads, and utility facilities constructed on state lands prior to October 1, 1997.

Legislative History

(1)En. Sec. 57, Ch. 60, L. 1927; re-en. Sec. 1805.57, R.C.M. 1935; amd. Sec. 6, Ch. 257, L. 1965; amd. Sec. 53, Ch. 428, L. 1973; Sec. 81-802, R.C.M. 1947; (2)En. Sec. 62, Ch. 60, L. 1927; re-en. Sec. 1805.62, R.C.M. 1935; amd. Sec. 2, Ch. 108, L. 1939; Sec. 81-804, R.C.M. 1947; R.C.M. 1947, 81-802, 81-804(part); amd. Sec. 1, Ch. 230, L. 2001; amd. Sec. 9, Ch. 475, L. 2009; amd. Sec. 12, Ch. 359, L. 2011; amd. Sec. 1, Ch. 309, L. 2023; amd. Sec. 1, Ch. 435, L. 2025.