77-1-101. Definitions. Unless the context requires otherwise and except for the definition of state land in 77-1-701, in this title, the following definitions apply: (1) ”Board” means the board of land commissioners provided for in Article X, section 4, of the Montana constitution. (2) ”Commercial or concentrated recreational use” means any recreational use that is organized, developed, or […]
77-1-102. Ownership of certain islands and riverbeds. (1) The following lands belong to the state of Montana to be held in trust for the benefit of the public schools of the state: (a) all islands existing in the navigable streams or lakes in this state that have not been surveyed by the government of the United States; […]
77-1-103. Administration of lands. (1) The board shall sell lands under 77-1-102(1) in the same manner as other school lands of the state are sold. (2) The board may sell the lands under 77-1-102(1) or lease the lands under 77-1-102 without having them surveyed unless the board considers it to be to the best interests of the […]
77-1-104. Survey of lands. If the board considers it necessary that any of the lands mentioned in 77-1-102 be surveyed, it must have the lands surveyed by the county surveyor of the county in which the lands are located. If there is no county surveyor, if the county surveyor is unable to make the survey, or […]
77-1-105. Determining title. The board may take all proper proceedings for the purpose of determining the title to the beds of lakes and other bodies of water and of streams within the state and to that end may bring or defend suits or other proceedings in court or before other proper tribunals. History: En. Sec. 14, Ch. […]
77-1-106. (Temporary) Setting of rates or fees — rules. (1) In setting the lease rental rates, agreement rates, or fees for the use of state lands and cabin sites, the board shall consider the impact of the uses on the school trust asset, lessee expenses for management, water development, weed control, fire control, the term of […]
77-1-107. Purchase of historic easement across state land for benefit of private land. If a historic easement or right-of-way for access to private land exists across state land, the person owning the private land may purchase the nonexclusive easement as a permanent, nonexclusive easement. Upon receipt of the fair market value of the easement and proof […]
77-1-108. Trust land administration account — administrative costs — appropriation. (1) There is a trust land administration account in the state special revenue fund. Money in the account is available to the department by appropriation and must be used to pay the costs of administering state trust lands. This includes the cost of managing assets, including […]
77-1-109. Deposits of proceeds in trust land administration account. (1) The amount of money that is deposited into the trust land administration account established in 77-1-108 may not exceed an amount equal to 25% of distributable revenue generated in the fiscal year completed prior to the legislative session that will appropriate money for the next biennium. […]
77-1-110. Written undertaking required in legal action for challenge to use or disposition of state lands. (1) The purpose of this section is to advance the legitimate state interest in the protection of state trust assets as provided for in Article X, section 11, of the Montana constitution. (2) In any civil action seeking an injunction or […]
77-1-111. Court actions. (1) All actions for the recovery of money due under this title or for the cancellation of leases or for the cancellation of certificates of purchase or patents or for the recovery of state lands, actions of forcible entry and detainer, actions for ejectment, and all other actions affecting any state lands are […]
77-1-112. Violations classified. (1) Any officer, employee, or representative of the state who directly or indirectly accepts any money or any other valuable thing, except the officer’s, employee’s, or representative’s regular and lawful compensation, for performing or not performing an official act under the provisions of this title or for modifying the performance of an official […]
77-1-113. Restrictions on who may buy or lease state lands. It is unlawful for any member of the board, any person appraising lands or in the employ of the state for the selection, classification, appraisal, sale, or leasing of any state lands or the timber on state lands, or any officer or employee of the department […]
77-1-114. Prosecutions. (1) Whenever an arrest is made for any violation of the provisions of this title or whenever any information of a violation is given to the the county attorney of the county in which this act was committed, the county attorney shall prosecute the offender or offenders if in the county attorney’s judgment the […]
77-1-115. Punishments. (1) An officer, employee, or representative of the state who is found guilty of a felony as defined in 77-1-112 is punishable by imprisonment in the state penitentiary for not less than 1 or more than 10 years, by a fine that may not be less than $500 or less than twice the amount […]
77-1-116. Additional penalty. In addition to the penalties provided for in this code against those committing trespass upon any of the lands owned or held in trust or otherwise by the state, the board is hereby authorized and empowered, without legal process, to seize and take or cause to be seized and taken any and all […]
77-1-117. Disposition of fines and judgment proceeds. (1) Unless otherwise provided, all money received as fines, fees, and forfeitures under this title or as penalties for the violation of any of the land laws of this state, except money received by a justice’s court, must be paid to the department of revenue for deposit in the […]
77-1-118. Use of exploding targets prohibited — definition — penalty. (1) The use of exploding targets on properties managed pursuant to this title is prohibited when the department of natural resources and conservation determines that fire danger is high, very high, or extreme. (2) For the purposes of this section, “exploding targets” means commercial targets that explode […]
77-1-119 reserved.
77-1-120. Terminated. Sec. 17, Ch. 586, L. 1993. History: En. Sec. 14, Ch. 586, L. 1993.
