Monday, October 22, 2018

Bullock takes questions over conservation easements to the Montana Supreme Court





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Bullock takes questions over conservation easements to the Montana Supreme Court



Ranch land in the proposed Horse Creek conservation easement near Glendive, Mont.
Ranch land in the Horse Creek conservation easement near Glendive.
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.

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