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Commissioners approve COS review for Wilson after debate over family transfers
Summary
The board approved a COS review for Myron Wilson despite staff flagging a possible evasion of the Montana Subdivision and Platting Act; the case prompted a lengthy exchange about precedent for repeated family transfers to the same grantee.
The Flathead County Board of Commissioners voted April 7 to approve a Certificate of Survey (COS) review for a proposed family transfer by Myron Wilson after the Clerk and Recorder’s office flagged the application as a possible evasion of the Montana Subdivision and Platting Act.
Planning and Zoning staff explained the Clerk and Recorder raised a red flag because the intended grantee previously received a parcel through a family transfer and this submission would result in the same grantee receiving a portion of the same land again. Tina Sterling, clerk and recorder manager, told the board she had not seen the same 'dirt' transferred twice through family transfers and that raised concern that the family transfer could be used to avoid subdivision review.
Myron Wilson told commissioners he and his wife have owned the property for decades, that he is 80 years old and is arranging his affairs to leave land to his children. "I'm 80 years old and looking to put my affairs in order," Wilson said, adding the transfers were intended to keep property in the family and that he believed the family transfer process allowed the steps he took (boundary line adjustment followed by family transfer).
Several commissioners expressed sympathy for the Wilsons' intent but voiced concern about setting precedent. One commissioner said past practice discouraged multiple family transfers resulting in the same grantee receiving additional parcels; staff acknowledged the law allows transfers from parent to child but flagged evasion as a statutory mis‑use to avoid subdivision review.
After discussion, a commissioner moved to approve the COS review and the board passed the motion by voice vote. The decision does not currently indicate enforcement action; staff noted that family transfers remain subject to the two‑year restriction on resale under state law and that the record will show the Clerk and Recorder’s flag and the commission’s review.
