Montana Code 76-7-204. Environmental control easement conveyances
76-7-204. Environmental control easement conveyances. (1) The designated grantee of an environmental control easement granted under this chapter is one or more of the following entities:
Terms Used In Montana Code 76-7-204
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 76-7-103
- 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
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- site: means any site, including the surface and subsurface of the land and the surface and subsurface resources in, upon, or under the land, including, without limitation, minerals and water that may contain hazardous wastes or substances or that may require remediation, reclamation, or restoration pursuant to federal, state, or local law or regulation. See Montana Code 76-7-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)a federal public entity;
(b)the state of Montana, acting by and through the department or any other state agency;
(c)any other public body having jurisdiction over the environmental control site; or
(d)a qualified private organization.
(2)A grantee’s acceptance of the easement interest and related obligations must be evidenced by the grantee’s execution of the instrument creating the environmental control easement.
(3)Prior to or contemporaneously with the conveyance of an environmental control easement to a designated grantee, the environmental control site owner shall:
(a)obtain documents demonstrating that every person or entity holding an interest in the environmental control site or any part of the site, including without limitation each mortgagee, lienholder, lessee, and encumbrancer, irrevocably subordinates the entity’s interest to the environmental control easement;
(b)record the documents required under subsection (3)(a) in the appropriate county; and
(c)submit those documents required under subsection (3)(a) to the designated grantee.
(4)An environmental control easement may not be separated from the land and survives foreclosure of a mortgage, lien, or other encumbrance, as well as tax lien sales and the issuance of a tax deed.