(1) The state reserves
to itself the right to grant easements for public purposes on state lands, the
surface of which is leased or licensed. The board may grant easements upon
state lands without the prior consent of a lessee or licensee. However, the
board will require the grantee to compensate the lessee or licensee for damages
to improvements, crops or the leasehold interest and file proof of that fact
with the department prior to the granting of such easement. When the grantee
and lessee or licensee cannot agree on just settlement for damages, the
arbitration procedure set forth in ARM 36.25.125 shall be followed to arrive at
a just settlement. If an easement limits the use by a lessee or licensee the
lease or license shall be adjusted to reflect the loss of use.
person desiring an easement for public purposes shall apply to the department
on a form prescribed by the department. The applicant shall pay full market
value for the interest disposed of. The easement shall terminate when the land
ceases to be used for its specified public purpose unless the easement is
authorized by the board for a specific term.
The department shall terminate the easement by notifying the grantee at his last
known address that the public purpose has ceased or the specified term has
expired. If the easement ceases to be used for the specified use, the grantee
shall notify the department of the termination of the easement. The applicant
shall be required to comply with the Montana Antiquities Act and all rules
(3) An easement issued
after January 16, 1987, may not be transferred or assigned without being
approved and recorded on the prescribed forms issued by the department.
(4) Within 5 years of the
granting of an easement by the board, the grantee must put the easement to the
use which is allowed in the right-of-way deed. Failure to put the
easement to such use shall be sufficient cause for forfeiture of the easement
upon written notice by the department.
History: 77-1-209, MCA; IMP, 77-2-101, MCA; NEW, 1987 MAR p. 17, Eff. 1/16/87; TRANS, 1996 MAR p. 2384.