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MontanaHB 29969th Legislature, Regular Session (2025)HouseWALLET

Define public purpose of easements on state lands

Sponsored By: Eric Tilleman (Republican)

Became Law

Environmental ProtectionState GovernmentPropertyState Lands

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Easements end when the use stops

When an easement for highways, utilities, encroachments, riverbeds, or older roads and utilities is no longer used for that purpose, it ends. The department must send notice to the grantee at the last‑known post office address. This can remove access or use rights once the project or use is over.

Easement applications: stricter maps, some waivers

Applications must include an affidavit from a licensed engineer or surveyor showing the survey is accurate within 5 meters and tied to an established monument. Utilities, pipelines, and telecom lines can skip plats and detailed measurements if they provide a center line tied to a monument; one application may cover the whole route, and an archaeology survey can be waived if no heritage properties would be affected. For some existing rights-of-way, the department can waive new surveys when boundaries are already clear. Private access road and county road easements need pre‑October 1, 1997 aerial or U.S. images, a 1:24,000 topographic map, and (for county roads) documents that establish the road. Existing utility lines need proof of installation before October 1, 1997, such as plant staking sheets or dated tags, plus a 1:24,000 map. Regional water authorities must submit GPS data in the Montana system, a 1:24,000 map, coordinates, and land taken per quarter‑quarter section; plats and measurements are not required.

Broader easements on Montana state lands

The law expands what easements the state can grant on state lands. It now covers public uses like school sites, parks, trails, community buildings, and cemeteries. It allows rights-of-way for highways, streets, canals, pipes, reservoirs, railroads, private roads, phone lines, and irrigation. It allows easements for private buildings or sewage systems that encroach on state land and for use of navigable river beds under 77-1-1112 or 77-1-1115. It recognizes private access roads, county roads, and utility facilities built before October 1, 1997. It also allows conservation easements next to land owned by Fish, Wildlife & Parks or a nonprofit as of January 1, 2001, and for the Owen Sowerwine natural area in section 16, township 28 north, range 21 west, Flathead County.

Sponsors & Cosponsors

Sponsor

  • Eric Tilleman

    Republican • House

Cosponsors

  • Pat Flowers

    Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 289 • No: 5

House vote • 4/11/2025

Do Concur

Yes: 48 • No: 0

House vote • 4/10/2025

Do Concur

Yes: 47 • No: 0

House vote • 2/10/2025

Do Pass

Yes: 97 • No: 3

House vote • 2/7/2025

Do Pass

Yes: 97 • No: 2

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025House

  2. Signed by Governor

    5/5/2025House

  3. Transmitted to Governor

    4/25/2025House

  4. Signed by President

    4/25/2025Senate

  5. Signed by Speaker

    4/23/2025House

  6. Returned from Enrolling

    4/16/2025House

  7. Sent to Enrolling

    4/11/2025House

  8. 3rd Reading Concurred

    4/11/2025Senate

  9. 2nd Reading Concurred

    4/10/2025Senate

  10. Committee Report--Bill Concurred

    3/24/2025Senate

  11. Committee Executive Action--Bill Concurred

    3/21/2025Senate

  12. Hearing

    3/12/2025Senate

  13. Referred to Committee

    2/20/2025Senate

  14. First Reading

    2/11/2025Senate

  15. Transmitted to Senate

    2/10/2025House

  16. 3rd Reading Passed

    2/10/2025House

  17. 2nd Reading Passed

    2/7/2025House

  18. Committee Report--Bill Passed

    2/4/2025House

  19. Committee Executive Action--Bill Passed

    2/3/2025House

  20. Hearing

    1/31/2025House

  21. First Reading

    1/24/2025House

  22. Referred to Committee

    1/24/2025House

  23. Introduced

    1/23/2025House

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • Introduced

    1/23/2025

    PDF

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