breakingtopicaltop story
Bullock takes questions over conservation easements to the Montana Supreme Court
Whether
the Montana Fish and Wildlife Commission or the Montana State Board of
Land Commissioners has the final say on state conservation easements is
now in the hands of the Montana Supreme Court.
Gov.
Steve Bullock and FWP Director Martha Williams filed petition with the
court Monday morning, seeking to overturn a legally binding opinion made
last week by Attorney General Tim Fox. The opinion faulted the Bullock administration
for bypassing the Land Board earlier this year to allow FWP to close on
the Horse Creek conservation easement in eastern Montana.
Monday’s
petition asks the court to decide if the term “land acquisition”
includes not only land purchases but the purchase of conservation
easements.
Bullock believes the plain language
of statute and legislative intent show that the law requiring Land Board
approval of land acquisitions does not include easements, which
typically allow public access while curbing subdivision.
After
filing the attorney general’s opinion last week, Fox said in an
interview that while he supported the easement, he believed Bullock,
“decided to unilaterally ignore the law,” and found that the Land Board
has the final legal say over state conservation easements. The opinion,
which came at the request of Senate President Scott Sales, R-Bozeman, carries the weight of the law unless overturned by the court.
No comments:
Post a Comment