All Roll Calls
Yes: 292 • No: 5
MontanaHB 29969th Legislature, Regular Session (2025)House
Define public purpose of easements on state lands
Sponsored By: Eric Tilleman (Republican)
Signed by Governor
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 use stops
Easements for rights-of-way, encroaching private buildings or sewage systems, navigable river beds, and pre-1997 roads or utilities end when the land stops being used for that purpose. The state ends the easement by sending notice to the easement holder. The notice is served at the holder’s last-known post-office address. After notice, the easement is terminated.
Broader easements on Montana state land
The state now allows more types of easements on state land. Uses include school sites, parks, trails, community buildings, and cemeteries. Conservation easements to Fish, Wildlife, and Parks or a nonprofit apply only if the parcel is next to land they owned on January 1, 2001. Rights-of-way for roads, rail, canals, ditches, pipes, and utilities are allowed. The law also covers encroaching private buildings or sewage systems, lawful use of a navigable river bed, and roads and utilities built before October 1, 1997.
New survey rules for state easements
Easement applications must include an affidavit from a licensed engineer or surveyor. It must show methods are accurate within 5 meters and tied to a section or quarter-corner monument. For power lines, pipelines, and telephone or radio systems, a centerline description is enough. The department does not require an archaeology survey if it finds no heritage impact. Regional water authorities must file GPS data in the Montana system and a 1:24,000 topographic map. They must also list easement coordinates and land taken in each quarter-quarter section. The department may waive survey rules for some pre-1997 roads and utilities when records are clear. For private access roads, county roads, and existing utility work, you must submit aerial photos dated before October 1, 1997 and a 1:24,000 map. Existing utility lines also need proof they were installed before October 1, 1997.
Sponsors & Cosponsors
Sponsor
Eric Tilleman
Republican • House
Cosponsors
Pat Flowers
Democrat • Senate
Roll Call Votes
Senate vote • 4/11/2025
Do Concur
Yes: 48 • No: 0
Senate vote • 4/10/2025
Do Concur
Yes: 49 • No: 0
House vote • 2/10/2025
Do Pass
Yes: 97 • No: 3
House vote • 2/7/2025
Do Pass
Yes: 98 • No: 2
Actions Timeline
Chapter Number Assigned
5/8/2025HouseSigned by Governor
5/5/2025HouseTransmitted to Governor
4/25/2025HouseSigned by President
4/25/2025SenateSigned by Speaker
4/23/2025HouseReturned from Enrolling
4/16/2025HouseSent to Enrolling
4/11/2025House3rd Reading
4/11/2025Senate2nd Reading
4/10/2025SenateCommittee Report
3/24/2025SenateCommittee Executive Action
3/21/2025SenateHearing
3/12/2025SenateReferred to Committee
2/20/2025Senate1st Reading
2/11/2025SenateTransmitted to Senate
2/10/2025House3rd Reading
2/10/2025House2nd Reading
2/7/2025HouseCommittee Report
2/4/2025HouseCommittee Executive Action
2/3/2025HouseHearing
1/31/2025House1st Reading
1/24/2025HouseReferred to Committee
1/24/2025HouseIntroduced
1/23/2025House
Bill Text
Enrolled
4/15/2025
Introduced
1/23/2025
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