Mont. Admin. R. 36.25.803 - CONSIDERATIONS IN THE SALE OF STATETRUSTLAND PURSUANT TO LAND BANKING
(1) The board may only sell a parcel that is wholly surrounded by other public land if the board provides compelling reasons for the sale.
(2) The board may only sell a parcel that is wholly surrounded by land under conservation easement if the board provides compelling reasons for the sale.
(3) The board may only sell a parcel that the department, in compliance with the Montana Environmental Policy Act, 75-1-201, et seq., MCA, (MEPA), determines significant for threatened or endangered species if the board provides compelling reasons for sale.
(4) If the sale of a parcel would extinguish existing, reasonable public access to other public or state trust land or to public water, as defined in 77-2-303(2) (a), MCA, the board shall reserve an easement or right of way for access to the other public or state trust land or to public water.
(5) If the sale of a parcel would extinguish access to adjacent private land, the department shall provide an opportunity for the landowner to make application to purchase an easement under 77-1-107, 77-1-130, or 77-2-101, MCA.
(6) If a person directly or indirectly creates an isolated parcel of school trust land in order to benefit from land banking, the department shall recommend that the parcel be considered nonisolated.
77-2-362, MCA; IMP, 77-2-308 and 77-2-363, MCA;
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