Title 76

An environmental control site in which an environmental control easement has been granted pursuant to this chapter may not be converted or diverted from purposes specified in the easement instrument or released from any restriction, limitation, or requirement specified in the eas…

(1) A grantee of an environmental control easement acquired under this chapter may not convey or assign any of the easement rights that the grantee has acquired except to a federal public entity, a public body, or a qualified private organization authorized to hold environmental …

In connection with environmental control sites acquired or designated as environmental control easements for the purposes of this chapter, a public body may provide, arrange, or contract for the monitoring of the environmental control sites as necessary to ensure that the environ…

(1) An environmental control easement may be created under this chapter only if the department or the United States environmental protection agency has approved the creation of an environmental control easement at an environmental control site to protect public health, safety, or…

An environmental control easement may be granted either in perpetuity or for a term of years. An environmental control easement may not be approved for a term of years unless it includes provisions that ensure that public health, safety, and welfare and the environment are protec…

(1) An environmental control easement under this chapter may prohibit or limit the following activities or uses: (a) constructing or placing of buildings, camping trailers, housetrailers, mobile homes, roads, or other structures on or above the ground; (b) dumping or placing of s…

(1) The designated grantee of an environmental control easement granted under this chapter is one or more of the following entities: (a) a federal public entity; (b) the state of Montana, acting by and through the department or any other state agency; (c) any other public body ha…

If the grantee or holder of an environmental control easement is a qualified private organization, then the organization has the following additional obligations: (1) The organization shall provide to the state or federal agency that approved the environmental control easement pu…

For the purpose of this chapter, an environmental control easement is assignable unless the instrument of conveyance or ownership expressly provides otherwise. An assignee must be qualified under the terms of this chapter to hold an environmental control easement. If an assignmen…

(1) In order to minimize conflict with local comprehensive planning, the entity acquiring the environmental control easement shall provide a copy of the easement to the appropriate local planning authority for the county within which the land lies prior to or concurrently with re…

(1) An environmental control easement must be recorded in the county where the property is located so as to effect the title in the manner of other conveyances of interest in the property and must describe the property subject to that easement by an adequate legal description or …

(1) The value of the interest held by a federal public entity, a public body, or a qualifying private organization is exempt from property taxation. (2) Expiration of an environmental control easement granted for a term of years may not result in a reassessment of the land for pr…

Notwithstanding 70-17-202 and 70-17-203(1) and (2), for the purposes of this chapter, an environmental control easement runs with the land, whether or not this fact is stipulated in the instrument creating the easement, and the easement binds the owner of the land and all success…

(1) Environmental control easements may be enforced by injunction, specific performance, other proceedings in equity or at law, or any other means specified in the instrument creating the easement. In addition to any right specified in the easement instrument, representatives of …

(1) The owner of any real property designated as a benefited property in the instrument creating the environmental control easement or the occupant of the benefited real property may maintain an action for enforcement of the easement. (2) A public body or a qualified private orga…

(1) The creation and approval of an environmental control easement do not waive or release any statutory liability or other obligation of a person for hazardous wastes or substances at an environmental control site. A federal public entity or public body may enforce any applicabl…