Planning staff recommend limited changes as commissioners sign off on letter about Laura L. Johnson estate land division

Lincoln County planning staff presented the board with a review of a petition to divide parcels in the estate of Laura L. Johnson and recommended that the board submit a comment letter to the district court outlining concerns and guidance.

The planning presentation explained that two parent tracts—parcels acquired in 1971 and subsequently divided—are proposed to be combined into a court-ordered division that would create five new lots (seven parcels total) by splitting a 129-acre parcel into three lots and a 90-acre parcel into four lots. Staff said the inclusion of a parcel inherited a decade earlier makes the filing atypical and that the justification for creating multiple parcels for certain heirs (notably Craig Johnson and Devon Miller) is unclear.

Planning staff reviewed statutory limits in the Montana Code related to court-ordered divisions and subdivision review, and recommended several items the court and future owners should note: property owners are responsible for ensuring road and driveway construction meets county standards for emergency access; this county comment letter does not constitute a substantive subdivision review and provides no assurances about obtaining septic or other permits; water rights should be secured through Montana Department of Natural Resources; and specific proposed tracks could be combined to avoid creating unnecessary extra parcels. "We did not find an attempt to evade the MSPA," the planner stated.

A commissioner moved to submit the planning department's letter to district court; the motion was seconded and approved by voice vote. The board directed staff to sign and submit the letter.

The planning department’s recommendations are advisory to the district court; the court may still order the division subject to any statutory requirements or further judicial findings.