36.2.1005    MINIMUM EASEMENT CHARGES

(1) The minimum land value charge for a right-of-way easement is the market value of the area encumbered by the easement or $100.00 per section, whichever is greater.

(2) The $100.00 land charge minimum shall apply regardless of the amount of state ownership within a section. The state shall also collect the amount of the actual damages resulting to the remaining land or lands from the granting of an easement as nearly as the damages can be ascertained.

History: 76-13-403, MCA; IMP, 77-2-106, MCA; Eff. 12/31/72; AMD, Eff. 2/5/75; AMD, Eff. 10/5/75; TRANS, from DSL, 1996 MAR p. 1157; AMD, 2002 MAR p. 2210, Eff. 8/16/02.