Terms Used In Montana Code > Title 15 > Chapter 24 - Special Property Tax Applications

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Biodiesel: has the meaning provided in 15-70-401. See Montana Code 15-24-3102
• Biogas: means methane gas produced through controlled biochemical processes in which bacteria digest animal, municipal, or other organic wastes in an oxygen-free environment. See Montana Code 15-24-3102
• Biomass: means any renewable organic matter, including dedicated energy crops and trees, agricultural food and feed crops, agricultural crop wastes and residues, wood wastes and residues, aquatic plants, animal wastes, municipal wastes, and other organic waste materials. See Montana Code 15-24-3102
• Board: means the local review board as provided in 15-24-1605. See Montana Code 15-24-1602
• Carbon sequestration: means the long-term storage of carbon dioxide from a plant or facility that produces or captures carbon dioxide, as defined in 15-6-158, in geologic formations, including but not limited to deep saline formations, basalt or oil shale formations, depleted oil and gas reservoirs, unminable coal beds, and closed-loop enhanced oil recovery operations. See Montana Code 15-24-3102
• Certification: means approval by the board or state historic preservation office of a property's qualification for the property tax abatement under the terms of this part. See Montana Code 15-24-1602
• Clean advanced coal research and development equipment: means equipment used primarily for research and development of emerging methods for pollution control, carbon capture, and carbon sequestration. See Montana Code 15-24-3102
• Coal gasification: means a process that converts coal into a synthesis gas composed of carbon monoxide, hydrogen, and other gases. See Montana Code 15-24-3102
• Coal-to-liquid facility: means improvements and personal property used for the production of synthetic liquid fuels from coal. See Montana Code 15-24-3102
• Contributing: means a building, site, structure, or object with historic architectural qualities, historic association, or archaeological value for which a property is significant because:

  (a)it was present during a period of significant local or state history and possesses historic design or architectural integrity reflecting its character at that time or is capable of yielding important information about the period; or

  (b)it independently meets the criteria for listing in the National Register of Historic Places. See Montana Code 15-24-1602

• Conviction: A judgement of guilt against a criminal defendant.
• Dealer: means a person engaged in the distribution or sale of mobile homes or manufactured homes. See Montana Code 15-24-201
• Docket: A log containing brief entries of court proceedings.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Ethanol: means nominally anhydrous ethyl alcohol that has been denatured as specified in 27 CFR, parts 20 and 21, and that meets the standards for ethanol adopted pursuant to 82-15-103. See Montana Code 15-24-3102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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}
• Housetrailer: means a form of housing designed to be moved from one place to another by an independent power connected to the housetrailer, which is either 8 feet wide or less or 45 feet long or less. See Montana Code 15-24-201
• Integrated gasification combined cycle facility: means improvements and personal property of an electrical generation facility that uses a coal gasification process and routes synthesis gas to a combustion turbine to generate electricity and captures the heat from the combustion to drive a steam turbine to produce more electricity. See Montana Code 15-24-3102
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Manufactured home: means a residential dwelling built in a factory in accordance with the United States department of housing and urban development code and the federal Manufactured Home Construction and Safety Standards. See Montana Code 15-24-201
• Mobile home: means forms of housing known as "trailers" "housetrailers" or "trailer coaches" exceeding 8 feet in width or 45 feet in length, designed to be moved from one place to another by an independent power connected to the mobile home or any trailer, housetrailer, or trailer coach up to 8 feet in width or 45 feet in length used as a principal residence. See Montana Code 15-24-201
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Personal property: All property that is not real property.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• principal business: means a renewable energy manufacturing facility with at least 50%, by value, of its annual production suitable for sale as renewable energy material, component parts, systems, or similar equipment. See Montana Code 15-24-3102
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Public information: means information prepared, owned, used, or retained by any public agency relating to the transaction of official business, regardless of form, except for confidential information that must be protected against public disclosure under applicable law. See Montana Code 2-6-1002
• Quorum: The number of legislators that must be present to do business.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rehabilitation: means the process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those features of the property that are significant to its historical, architectural, and cultural values. See Montana Code 15-24-1602
• Renewable diesel: means a biomass-derived fuel that is suitable for use in diesel engines that is hydrocarbon produced by hydrotreating and also through gasification, pyrolysis, or other biochemical and thermochemical technology, or any combination of these technologies. See Montana Code 15-24-3102
• Renewable energy: includes the following:

  (a)solar energy;

  (b)wind energy;

  (c)geothermal energy;

  (d)energy from the conversion of biomass;

  (e)energy from biogas;

  (f)energy from fuel cells that do not require a petroleum-based fuel;

  (g)energy from waste heat; and

  (h)cellulosic ethanol. See Montana Code 15-24-3102

• Renewable energy manufacturing facility: means improvements and personal property used by a facility with its principal business being the manufacturing of material, component parts, systems, or similar equipment for use in facilities that convert renewable energy into forms of energy useful to people, including electricity. See Montana Code 15-24-3102
• Renewable energy research and development equipment: means equipment used primarily for research and development of the efficient use of renewable energy sources. See Montana Code 15-24-3102
• Restoration: means the process of accurately recovering the form, details, and setting of a property as it appeared when it was originally built or constructed by removing later work or replacing missing earlier work. See Montana Code 15-24-1602
• Sustainable aviation fuel: means an aviation fuel derived from renewable resources that enables a reduction in net life cycle carbon dioxide emissions compared to conventional fuels. See Montana Code 15-24-3102
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201