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Bill clarifies public-use easements on state trust lands, adds trails as authorized use
Summary
House Bill 299 would replace a vague statutory reference to "other public uses" with a clear cross-reference to MCA 70-31-02 and explicitly authorize public trails as an easement purpose; the Department of Natural Resources and stakeholders said the change removes ambiguity without changing agency authority or costs.
House Bill 299 seeks to remove redundant, vague language in statute about what qualifies as a "public use" when the Land Board grants easements on state trust lands, and to explicitly add public trails to the list of allowable purposes.
Sponsor Rep. Eric Tillman said the current statute contains two references to "public uses," one of which is generic and creates uncertainty. Diedra Kloberdans of DNRC's Real Estate Management Bureau testified the department's right-of-way staff process easement applications and that the proposed change would clarify that public uses are those listed in MCA 70-31-02. Kloberdans said the change would not alter the Land Board's authority or discretion to grant easements.
Tom Jacobson of the Montana Wildlife Federation and other proponents said the cleanup would remove confusion for applicants and staff. Committee members asked whether the bill affected costs or private water use on state lands; witnesses said HB 299 does not change easement costs or fees and is limited to clarifying the definition of public use.
No opponents or informational witnesses were recorded and the hearing concluded with no committee vote recorded.
