Montana Code 7-22-2154. Public purchase or receipt of property — weed management plan
7-22-2154. Public purchase or receipt of property — weed management plan. (1) Except as provided in subsection (4), prior to the purchase of real property with public funds or the receipt of real property by a nonfederal public entity, the purchaser or grantee shall have the property inspected by the county weed management district. The county weed management district’s report regarding the property must be filed with the purchaser or grantee. The costs associated with the inspection must be borne by the seller or grantor.
Terms Used In Montana Code 7-22-2154
- District: means a weed management district organized under 7-22-2102. See Montana Code 7-22-2101
- Grantor: The person who establishes a trust and places property into it.
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
- 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
- weeds: means any exotic plant species established or that may be introduced in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses or that may harm native plant communities and that is designated:
(i)as a statewide noxious weed by rule of the department; or
(ii)as a district noxious weed by a board, following public notice of intent and a public hearing. See Montana Code 7-22-2101
(2)If the report indicates that there are noxious weeds present on the property, the purchaser, seller, grantee, or grantor shall develop a noxious weed management agreement to ensure compliance with the district noxious weed management program. However, unless the parties agree otherwise, a seller or grantor is obligated by a noxious weed agreement only until the property sale or transfer is completed. Except as provided in subsection (4), the weed management agreement must be incorporated into the purchase agreement.
(3)The provisions of this section do not apply to:
(a)the state acquisition or disposition of a public right-of-way pursuant to Title 60, chapter 4; or
(b)lands sold or purchased through land banking pursuant to 77-2-361 through 77-2-367.
(4)If a transfer of property will occur during the winter months when the ability to identify noxious weeds is significantly reduced by snow cover, the purchaser, seller, grantee, or grantor may request a 6-month extension for completion of the inspection and any noxious weed management agreement that may be required. If, upon inspection, it is determined that a noxious weed management agreement is necessary, unless otherwise agreed by the parties, the purchaser or grantee is responsible for implementing the provisions of that agreement.