77-2-214. Investigation and findings concerning exchange of land. (1) The department shall, as soon as it concludes its investigation thereof, report to the board the facts disclosed by its investigation and include in its report a recommendation concerning the proposal, including its reasons therefor in writing.
(2) After considering the report and recommendation and making such further investigation as it considers advisable, the board shall consider the entire matter, make findings and conclusions concerning the proposal, and make an order:
(a) rejecting and dismissing the proposal if in the judgment of the board the exchange is not in the public interest; or
(b) accepting the proposal and ordering the exchange to be made if in the judgment of the board the exchange is in the public interest and should be made.
(3) An order accepting the proposal shall contain an accurate description of all lands to be exchanged.
History: En. Sec. 3, Ch. 180, L. 1931; re-en. Sec. 1995.3, R.C.M. 1935; amd. Sec. 101, Ch. 428, L. 1973; R.C.M. 1947, 81-2203; amd. Sec. 8, Ch. 15, L. 1979; amd. Sec. 3, Ch. 286, L. 1985.
Structure Montana Code Annotated
Chapter 2. Transfers and Reservations of Property Interests
77-2-201. Exchange of land with United States or tribal governments
77-2-203. Exchange for nongovernment, state government, and other state and local public entity land
77-2-204. Notification of proposed exchange -- hearing
77-2-205. Restriction on exchange for nongovernment-owned land
77-2-206. Settlement for improvements
77-2-207. Approval or disapproval of exchanges
77-2-208. through 77-2-210 reserved
77-2-211. Exchange of timbered, cut-over, or burned-over lands
77-2-213. Department to investigate
77-2-214. Investigation and findings concerning exchange of land
77-2-215. Notice and hearing concerning exchange of timbered lands