Committee advances HB 299 to narrow public-use language for easements, explicitly authorize public trails

The House Natural Resources Committee advanced House Bill 299, which clarifies the purposes for which the state land board may grant easements on state trust lands and adds an explicit authorization for public trails. Representative Eric Tillman, sponsor of HB 299, said the bill tightens vague references to "other public uses" in existing statute so the law matches longstanding department practice.

"We are seeking to bring clarity to the statute authorizing the land board to grant easements on state trust lands," said Diedra Kloberdanz, Real Estate Management Bureau Chief in the Forestry and Trust Lands Division at the Department of Natural Resources and Conservation (DNRC). She told the committee the bill would eliminate redundant language and reference the list of public uses enumerated in the eminent-domain statute, 70-31-102, MCA, to provide a comprehensive definition of public use. Kloberdanz emphasized that DNRC is not seeking to acquire land through eminent domain: "To be clear, DNRC is not seeking to take any land through eminent domain. The eminent-domain statute simply provides a comprehensive list of public uses which has guided the department regarding easements for many years."

HB 299 removes a vague secondary reference to "other public uses" and instead cross-references the list in 70-31-102, MCA. The bill also adds an explicit authorization to grant easements for public trails as a complement to the existing authorization for public parks and removes a now-unnecessary standalone authorization for a conservation easement to a nonprofit corporation for the Owen Sowerwine Natural Area after the land board granted that easement to the Flathead Land Trust in late 2023.

The committee heard support from Montana Wildlife Federation and other proponents who described the bill as a cleanup to reduce uncertainty about permitted public uses. In executive action the committee moved HB 299 forward by voice vote. The committee clerk recorded proxy votes and reported 14 ayes and 0 noes.

Supporters said HB 299 will not limit the land board's discretion to grant easements for public-use purposes included in 70-31-102, MCA, and that it maintains existing revenue streams from easement applications while reducing statutory ambiguity.

Votes at a glance: HB 299 advanced from committee by voice vote in executive action; recorded tally: 14 ayes, 0 noes.