Terms Used In Montana Code > Title 7 > Chapter 4 > Part 43 - Office of Mayor

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Building: means a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of a business. See Montana Code 76-8-101
• Buyer: means a person who purchases or acquires wildcrafted plant material, other than materials acquired directly from the property owner, for the purposes of resale. See Montana Code 76-10-102
• Commercial purposes: means the harvest of wildcrafted plant material for the purpose of selling, trading, or otherwise exchanging the material for profit. See Montana Code 76-10-102
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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 76-8-101
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 76-7-103
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• 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}
• 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}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the legislative authority for a city, town, county, or consolidated city-county government. See Montana Code 76-8-101
• Governmental order: means a consent decree, judgment, decision, order, agreement, or other requirement authorized or imposed by or under any federal or state law affecting an environmental control site. See Montana Code 76-7-103
• Grantor: The person who establishes a trust and places property into it.
• Hazardous wastes or substances: means those hazardous or toxic substances, wastes, materials, pollutants, or contaminants that are subject to regulation by federal, state, or local environmental protection laws or that are defined pursuant to 75-10-403, 75-10-602, and 75-10-702. See Montana Code 76-7-103
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Landowner: means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property. See Montana Code 76-10-102
• Landowner: means an owner of a legal or equitable interest in real property. See Montana Code 76-8-101
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local reviewing authority: means a local department or board of health that is approved to conduct reviews under Title 76, chapter 4. See Montana Code 76-8-101
• 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.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Other jurisdictional entity: means the federal government or a tribal government. See Montana Code 76-10-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization. See Montana Code 76-10-102
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means land, roads, water, watercourses, and private ways. See Montana Code 76-10-102
• Property: means real and personal property. See Montana Code 1-1-205
• 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

• 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
• Seller: means a person who sells wildcrafted plant material. See Montana Code 76-10-102
• 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
• Supermajority: means :

  (a)an affirmative vote of at least two-thirds of the present and voting members of a city or town council;

  (b)a unanimous affirmative vote of the present and voting county commissioners in counties with three county commissioners;

  (c)an affirmative vote of at least four-fifths of the present and voting county commissioners in counties with five commissioners;

  (d)an affirmative vote of at least two-thirds of the present and voting county commissioners in counties with more than five commissioners; or

  (e)an affirmative vote of at least two-thirds of the present and voting members of the governing body of a consolidated city-county government. See Montana Code 76-8-101

• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tract: means an individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. See Montana Code 76-8-101
• Transport: means the physical conveyance of wildcrafted plant material away from the site of wildcrafting and includes but is not limited to transportation by:

  (a)a motor vehicle designed for use on improved roadways;

  (b)a boat, barge, raft, or other water vessel; or

  (c)an airplane, helicopter, balloon, or other aircraft. See Montana Code 76-10-102

• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
• Wildcraft: means to collect, harvest, or separate by cutting, prying, picking, peeling, breaking, pulling, digging, splitting, or otherwise removing uncultivated plants or plant parts from their physical connection or point of contact with the ground or vegetation upon which they are growing or from the place or position where they lay for commercial purposes. See Montana Code 76-10-102
• Wildcrafted plant material: means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana. See Montana Code 76-10-102
• Writing: includes printing. See Montana Code 1-1-203