36.2.1004 HOMESITE AND FARMYARD LEASES
(1) Upon issuance of a homesite or farmyard lease, all lands included in such lease shall be reclassified as Class IV. Grazing lands are in Class I; timber and/or watershed lands are in Class II; agriculture lands are in Class III; all other lands are in Class IV. The established rental shall be based on the land values involved in each case.
(2) Acreage of access roads shall be included in all homesite or farmyard leases and shall be classified as the homesite or farmyard acreage is classified.
(3) A homesite is defined as land occupied or to be occupied by a dwelling, whether temporary or principal place of residence, and the supporting buildings in the immediate vicinity, if any.
(4) The department shall chain, or measure in feet, the area to be included in the lease. Each corner of the homesite, or farmyard, shall be identified by a method to be determined by the department.
(a) A plat shall be made that will include all measurements and identified corners.
(b) The plat will include, with other information, the locations, width and length of the access road.
(c) Final lease acreage computation will be computed by the department.
(d) Acres will be identified in terms of acres within the smallest legal description possible. (Example: 7.80 acres within the SW¼NE¼SW¼, of section, township, range.)
(e) Acres in access road, if applicable, will be computed separately but will be included in total lease acres.
History: 77-6-104, MCA; IMP, 77-1-202, MCA; Eff. 12/31/72; AMD, Eff. 2/5/75; AMD, Eff. 10/5/75; TRANS, from DSL, 1996 MAR p. 771; AMD, 1996 MAR p. 771, Eff. 3/22/96.