76-7-106. Conveyance or lease of environmental control sites. (1) A grantee of an environmental control easement acquired under this chapter may not convey or assign any of the easement rights that the grantee has acquired except to a federal public entity, a public body, or a qualified private organization authorized to hold environmental control easements under 76-7-204.

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Terms Used In Montana Code 76-7-106

  • easement: means an easement created under this chapter that burdens an environmental control site, that runs with the land, and that is binding on the owner and subsequent owners, lessees, and other users of the land. See Montana Code 76-7-103
  • Federal public entity: means the United States of America, the United States environmental protection agency, or any other federal government agency or authority and its successors or assigns. See Montana Code 76-7-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Public body: means the state, counties, cities, towns, and other municipalities. See Montana Code 76-7-103
  • Qualified private organization: means a private organization:

    (a)competent to own interests in real property;

    (b)that qualifies and holds a general tax exemption under the federal Internal Revenue Code, 26 U. See Montana Code 76-7-103

(2)A grantee of a conveyance pursuant to subsection (1) shall assume the responsibility for enforcing the environmental control easement as specified in the easement instrument and in 76-7-211.