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Land Board approves donation of Helena residence from Gianforte trusts with long-term conditions
Summary
The Montana Board of Land Commissioners approved a charitable gift agreement for a Helena residence owned by Greg R. Gianforte and Susan K. Gianforte, accepting the property for use as the governor’s executive residence subject to conditions, an appraisal and contingent-donee provisions.
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The Montana Board of Land Commissioners on June 15 approved item 0626-2, accepting a proposed charitable gift of a Helena residence owned by Greg R. Gianforte and Susan K. Gianforte for potential use as the governor’s executive residence.
The board voted to accept the terms of a written Charitable Gift Agreement and related deeds after a presentation by Amanda Kaster, director of the Department of Natural Resources and Conservation (DNRC). Christi Jacobsen, Secretary of State, moved to approve the item; the motion was seconded and the board approved the item 4-0 with one abstention.
The gift agreement on file with the meeting record identifies the property as 720 Madison Avenue in Helena and sets a series of conditions the state must meet to retain the property. The agreement requires the state to use the property as the executive residence of the governor, allows temporary alternative residences for up to 24 consecutive months, and obliges the state to keep taxes and assessments current and not transfer ownership while the conditions remain in effect. The agreement sets a Termination Date of December 31, 2056, and describes a process for a contingent donee to receive title if the state fails to satisfy the conditions.
Under the agreement the donors must pay for an appraisal sufficient to document the charitable gift for tax purposes; the appraisal is to be obtained after the parties agree the pre-closing conditions have been satisfied and, per the contract text, on or before August 31, 2026. The recorded agreement names Carroll College as the contingent donee if the conditions subsequent are not met; the agreement provides that Carroll College would be replaced by the Montana Family Institute if Carroll College were to lose tax-exempt status.
The agreement also addresses personal property and improvements: personal property at the residence remains the donors’ property until January 2, 2029, at which point any remaining personal property becomes an irrevocable gift to the state; the donors have the option to request donor plaques consistent with state signage standards; and the state may make improvements at its expense but risks conveying those improvements to the contingent donee if the subsequent quitclaim deed is recorded.
State Senator Mary Ann Dunwell and other members of the public provided comments on the item during the public-comment period. Board members discussed terms and clarifying legal and procedural points during the hearing before voting.
The board’s approval authorizes DNRC and the Department of Administration to move forward under the terms presented to the Land Board; the record includes the full draft Charitable Gift Agreement and associated deed forms. Additional procedural steps required by the agreement (including delivering deeds to the closing agent and obtaining the appraisal) remain prior to a closing described in the contract text.
