Montana § 77-6-211 Procedure To Cancel Lease -- Appeal

Montana Statutes

§ 77-6-211 — Procedure To Cancel Lease -- Appeal

Montana § 77-6-211

Title 77STATE LANDS

Ch. 6AGRICULTURAL, GRAZING, AND OTHER SURFACE LEASES

Part 2Leasing Procedure

This text of Montana § 77-6-211 (Procedure To Cancel Lease -- Appeal) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 77-6-211 (2026).

Text

77-6-211 . Procedure to cancel lease -- appeal.

(1)When the department cancels a lease pursuant to 77-6-113 , 77-6-208 , 77-6-209 , or 77-6-210 , it shall immediately notify the lessee by certified mail of the cancellation and the reasons therefor. The date of cancellation is 15 days from the date the notice is received by the lessee.

(2)The lessee has 15 days after the receipt of the notice to file with the department a notice of appeal for a hearing before the board. If notice of appeal is filed, the lease remains in effect until the decision of the board. Within 10 days after notice of appeal has been filed, the department shall set the time and place of hearing and shall so notify the lessee. The board may, after 10 days' notice to the lessee, change the time and place of hearing. (3

Free access — add to your briefcase to read the full text and ask questions with AI

77-6-211 . Procedure to cancel lease -- appeal. (1) When the department cancels a lease pursuant to 77-6-113 , 77-6-208 , 77-6-209 , or 77-6-210 , it shall immediately notify the lessee by certified mail of the cancellation and the reasons therefor. The date of cancellation is 15 days from the date the notice is received by the lessee.
(2) The lessee has 15 days after the receipt of the notice to file with the department a notice of appeal for a hearing before the board. If notice of appeal is filed, the lease remains in effect until the decision of the board. Within 10 days after notice of appeal has been filed, the department shall set the time and place of hearing and shall so notify the lessee. The board may, after 10 days' notice to the lessee, change the time and place of hearing.
(3) Under rules it adopts, the board shall conduct an open hearing to determine whether the lease should be reinstated. The burden of proof is on the lessee to show why the lease should not be canceled. If the lease is reinstated, all of the lessee's rights and privileges thereunder shall be preserved; if not, the land shall be open for re-leasing as provided by law. If the board finds that the terms of the lease have been violated but in its judgment the violation is not serious enough to warrant cancellation, it may reinstate the lease and assess a penalty up to three times the annual rental against the lessee.

Legislative History

En. Sec. 36, Ch. 60, L. 1927; re-en. Sec. 1805.36, R.C.M. 1935; amd. Sec. 5, Ch. 27, L. 1971; amd. Sec. 23, Ch. 428, L. 1973; R.C.M. 1947, 81-422(2), (3).