76-12-107. Methods of bringing land under part. A natural area, as defined in 76-12-104, may become subject to the provisions of this part in any of the following ways:
(1) designation by the board on lands controlled by the board;
(2) designation by the legislature on lands owned by the state of Montana;
(3) acquisition by the board by purchase with consent of the property owner of sufficient interests in private property to protect the natural area; provided, however, that transfer of surface property or development rights shall not alter the rights attending the subsurface estate if owned by another party;
(4) gift accepted by the board under the authority of 77-1-213, including conservation easements, provided that lands accepted must be protected and managed as natural areas and money accepted must be used in accordance with the purposes of this part;
(5) trade of state-owned trust land for a natural area on federal, county, or private land, provided, however, that lands received in exchange for trust lands should be equal in value to the exchanged trust land and as closely as possible equal in area; or
(6) registration of land by the department, following appropriate documentation and owner consent, that has been designated, dedicated, or otherwise protected as a natural area by the owner, including a private landowner, public interest group, or other land management agency.
History: En. 81-2704 by Sec. 4, Ch. 254, L. 1974; R.C.M. 1947, 81-2704; amd. Sec. 4, Ch. 460, L. 1987.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 12. Wild and Scenic Resources
76-12-102. Legislative findings
76-12-103. Statement of policy
76-12-107. Methods of bringing land under part
76-12-108. Acquisition of lands
76-12-109. Report to legislature
76-12-110. Restriction on condemnation or development of natural areas
76-12-111. Continuation of existing uses
76-12-112. Duties of board -- administrative rules and hearing requirements
76-12-115. Consultation with interested parties
76-12-116. Files and proceedings open to public
76-12-117. Application of more restrictive provisions
76-12-118. through 76-12-120 reserved
76-12-121. Duties of department -- plan for natural areas system