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County approves family transfer exemption for 81‑acre Bonner parcel requested by John Poyer
Summary
The Missoula commissioners approved a family transfer subdivision exemption allowing two parcels to be gifted to minor daughters and leaving a 40‑acre remainder; staff noted a new Montana Attorney General affidavit and that recipients must hold transferred parcels two years under state law.
The Missoula Board of County Commissioners on Dec. 4 approved a family transfer exemption requested by John Poyer for an approximately 81‑acre unzoned parcel on Swanson Lane in Bonner.
Planner Katie Reeder presented the application, saying the request would create two family transfer parcels — Tract B (~21 acres) for a 14‑year‑old daughter and Tract C (~20 acres) for an 11‑year‑old daughter — while the remaining ~40 acres (Tract A) would remain in the applicant's ownership with no immediate development proposed. Reeder said staff identified potential evasion indicators during review but concluded the request met the intent and standards for a family transfer exemption and recommended approval.
Reeder also told the commission that state law changes from the 2025 legislative session require a new affidavit issued by the Montana Attorney General's Office; applicants may now submit the affidavit instead of answering certain evasion questions in person. Reeder said Missoula County had only recently received the finalized affidavit and this application is the first time the county is implementing the updated process.
Commissioners asked the applicant about plans for the 40‑acre remainder and whether the transfer could be conditioned on creation of a trust. County staff advised that the commission may approve or deny a family transfer but cannot add conditions such as requiring a trust, and that state law does not require the donor to live on the parent tract. Staff also noted state law requires recipients of family transfer parcels to hold them for at least two years.
Commissioner Josh Lautner moved to approve the exemption application and affidavit; the motion was seconded and passed with votes recorded as 'aye.'
