Montana § 7-8-103 Authorization For Governmental And Public Entities To Take Property By Gift Or Devise -- Restriction

Montana Statutes

§ 7-8-103 — Authorization For Governmental And Public Entities To Take Property By Gift Or Devise -- Restriction

Montana § 7-8-103

Title 7LOCAL GOVERNMENT

Ch. 8ACQUISITION, TRANSFER, AND MANAGEMENT OF PROPERTY AND BUILDINGS

Part 1General Provisions Related to Local Government

This text of Montana § 7-8-103 (Authorization For Governmental And Public Entities To Take Property By Gift Or Devise -- Restriction) 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. § 7-8-103 (2026).

Text

7-8-103 . Authorization for governmental and public entities to take property by gift or devise -- restriction.

(1)(a) All counties, all public hospitals and cemeteries, and other public institutions are hereby granted the power and authority to accept, receive, take, hold, and possess any gift, donation, grant, devise, or bequest of real or personal property and the right to own, hold, work, and improve the same.

(b)The provisions of subsection (2) and 7-8-104 are hereby made expressly applicable to gifts, donations, grants, devises, and bequests of real or personal property to officers and boards of the public corporations and institutions mentioned in subsection (1)(a).

(2)(a) Any city or town organized under the laws of Montana is hereby empowered and given the right:

(i)to accept,

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7-8-103 . Authorization for governmental and public entities to take property by gift or devise -- restriction. (1) (a) All counties, all public hospitals and cemeteries, and other public institutions are hereby granted the power and authority to accept, receive, take, hold, and possess any gift, donation, grant, devise, or bequest of real or personal property and the right to own, hold, work, and improve the same.
(b) The provisions of subsection (2) and 7-8-104 are hereby made expressly applicable to gifts, donations, grants, devises, and bequests of real or personal property to officers and boards of the public corporations and institutions mentioned in subsection (1)(a).
(2) (a) Any city or town organized under the laws of Montana is hereby empowered and given the right:
(i) to accept, receive, take, hold, own, and possess any gift, donation, grant, devise, or bequest; any property (real, personal, or mixed); any improved or unimproved park or playground; any water, water right, water reservoir, or watershed; any timberland or reserve; or any fish or game reserve in any part of the state;
(ii) to own, hold, work, and improve the same.
(b) The gifts, donations, grants, devises, or bequests made to any officer or board of any city or town must be considered a gift, donation, grant, devise, or bequest made for the use and benefit of any city or town and must be administered and used by and for the city or town for the particular purpose for which it was given, donated, granted, devised, or bequeathed. In the event no particular purpose is mentioned in the gift, donation, grant, devise, or bequest, then it must be used for the general support, maintenance, or improvement of any city or town.
(3) A gift, donation, grant, devise, or bequest may not be accepted or used in contravention of 13-35-238 .

Legislative History

Ap. p. Sec. 1, Ch. 47, L. 1927; re-en. Sec. 5668.17, R.C.M. 1935; Sec. 11-1006, R.C.M. 1947; Ap. p. Sec. 2, Ch. 47, L. 1927; re-en. Sec. 5668.18, R.C.M. 1935; Sec. 11-1007, R.C.M. 1947; Ap. p. Sec. 1, Ch. 10, L. 1917; re-en. Sec. 5043, R.C.M. 1921; re-en. Sec. 5043, R.C.M. 1935; Sec. 11-1004, R.C.M. 1947; Ap. p. Sec. 2, Ch. 10, L. 1917; re-en. Sec. 5044, R.C.M. 1921; re-en. Sec. 5044, R.C.M. 1935; Sec. 11-1005, R.C.M. 1947; R.C.M. 1947, 11-1004, 11-1005(part), 11-1006(part), 11-1007; amd. Sec. 2, Ch. 325, L. 2023.