Terms Used In Montana Code > Title 7 > Chapter 5 > Part 21 - Conduct of County Government

• 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
• 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.
• Alternative practices: means forest practices that are:

  (a)conducted in the streamside management zone and that are different from practices required by rules adopted under this part;

  (b)designed for site-specific conditions encountered during a timber sale; and

  (c)subject to department approval under 77-5-303. See Montana Code 77-5-302

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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}
• Community and urban forestry: means the planning, establishment, protection, care, and management of trees and associated plants individually, in small groups, or under forest conditions within municipalities and counties. See Montana Code 77-5-402
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Container: means any package, sack, box, crate, carton, basket, or other object used for the shipping of produce. See Montana Code 80-3-302
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract harvesting: means a timber harvest or timber sale occurring on state trust lands by which:

  (a)the department solicits bids and contracts with a firm or individual awarded the bid to:

  (i)perform all necessary work to harvest and process trees into merchantable forest products;

  (ii)sort trees pursuant to contract specifications and department use standards; and

  (iii)transport and deliver the products to forest product purchasers; and

  (b)the department sells the forest products to one or more forest product purchasers through the competitive bidding process pursuant to 77-5-201(1) and (2). See Montana Code 77-5-215

• Contract harvesting costs: means expenses related to the production of log sorts or other merchantable products from a stand of timber and the transportation of the products to point-of-sale locations. See Montana Code 77-5-215
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Decked: means a pile of logs or other merchantable forest products that have been prepared for sale or shipment and placed upon a landing. See Montana Code 77-5-215
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of natural resources and conservation provided for in 2-15-3301. See Montana Code 77-5-402
• Department: means the department of natural resources and conservation provided for in 2-15-3301. See Montana Code 77-5-302
• Director: means the director of agriculture appointed pursuant to 2-15-3001. See Montana Code 80-3-302
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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}
• Forest health concerns: means issues that can be addressed through management or harvest of merchantable or nonmerchantable trees and includes:

  (a)forested lands that are overcrowded or stagnant and that are showing declining annual growth;

  (b)wildland-urban interface areas where timber harvest or forest management is necessary to prevent catastrophic or other damage to forested lands, livestock, buildings, or other infrastructure;

  (c)fire fuel buildup and treatment on forested lands;

  (d)forested lands susceptible to imminent or repeated insect or disease attack and timber degradation;

  (e)forested lands that are in a high state of decline or decay or are rapidly deteriorating;

  (f)forested lands with high recreational use and high degradation risk; and

  (g)forested lands under drought stress. See Montana Code 77-5-215

• Forest practices: means , within a timber sale, the harvesting of trees, road construction or reconstruction associated with harvesting and accessing trees, site preparation for regeneration of a timber stand, reforestation, and management of logging slash. See Montana Code 77-5-302
• Forest products: means any product produced from the forest that the department can sell through competitive bid or direct negotiation. See Montana Code 77-5-215
• Fraud: Intentional deception resulting in injury to another.
• 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.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Log sorts: means trees or portions of trees that are grouped and sorted into various product categories, including but not limited to pulp logs, sawlogs, and house logs. See Montana Code 77-5-215
• 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.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives 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.
• Operator: means a person responsible for conducting forest practices. See Montana Code 77-5-302
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means an individual, firm, partnership, corporation, or association of any nature that holds an ownership interest in forest land or timber. See Montana Code 77-5-302
• 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: means an individual, firm, partnership, company, commercial entity, corporation, or association. See Montana Code 77-5-302
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Person: means an individual, firm, association, corporation, partnership, or any other form of business enterprise. See Montana Code 80-3-302
• Plaintiff: The person who files the complaint in a civil lawsuit.
• power site: as used in this part shall mean not only the state-owned land on which the dam is constructed, but also each separate tract of such land which will become part of the reservoir and which in and of itself makes an essential contribution to the value of the power site as a whole of not less than 5% of the entire value of such power site. See Montana Code 77-4-202
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Produce: means any fruit, vegetable, or other natural product designated by department rule. See Montana Code 80-3-302
• Produce dealer: means a person who engages in a business involving or who as part of a business participates in purchasing, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of produce in this state, except vegetative seed potato products intended or used for planting purposes. See Montana Code 80-3-302
• Produce unit: means the standard size container for a given type of produce. See Montana Code 80-3-302
• Property: means real and personal property. See Montana Code 1-1-205
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Retail: means sale of produce to the ultimate consumer. See Montana Code 80-3-302
• Sawlogs: means merchantable timber prepared and sorted as decked, scaled logs and sold f. See Montana Code 77-5-215
• Scaled: means the measured volume, weight, or other measurement of a log, load of logs, or other products. See Montana Code 77-5-215
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Several: means two or more. See Montana Code 1-1-201
• Shipping point inspection: means an inspection of produce at the location from which it was shipped. See Montana Code 80-3-302
• 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
• Statute: A law passed by a legislature.
• Stop sale order: means a written notice to hold produce from sale or movement until a violation has been resolved and the produce is released by the department. See Montana Code 80-3-302
• Stream: means a natural watercourse of perceptible extent that has a generally sandy or rocky bottom or definite banks and that confines and conducts continuously or intermittently flowing water. See Montana Code 77-5-302
• Stumpage: means the value of timber as it exists, uncut, within a harvest unit, expressed in terms of dollars per thousand board feet, dollars per ton, or other appropriate value per-unit designation. See Montana Code 77-5-215
• Subpoena: A command to a witness to appear and give testimony.
• Timber: means any wood growth on state trust land, mature or immature, alive or dead, standing or down, that is capable of furnishing merchantable raw material used in the manufacture of lumber or other forest products. See Montana Code 77-5-215
• Timber sale: means a series of forest practices designed to access, harvest, or regenerate trees on a defined land area for commercial purposes. See Montana Code 77-5-302
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• unit: means privately deeded land or land leased from the state, or a combination of the two, that is under the control of one operator, manager, or family. See Montana Code 77-6-221
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usual: means according to usage. See Montana Code 1-1-206
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Writing: includes printing. See Montana Code 1-1-203
• zone: means a stream, lake, or other body of water and an adjacent area of varying width where management practices that might affect wildlife habitat or water quality, fish, or other aquatic resources need to be modified. See Montana Code 77-5-302