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 of the existence of the easement or right-of-way and the purpose and proposed purchaser’s use of the nonexclusive easement, the board may sell a permanent nonexclusive easement if it is across school land or other land granted to the state for the support and benefit of a state institution and shall sell a permanent nonexclusive easement if it is across other state land.

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Terms Used In Montana Code 77-1-107

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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