Bullock v. FoxAnnotate this Case
The Supreme Court assumed original jurisdiction over the issue presented in this case and held that the plain and ordinary meaning of “land acquisition” per Mont. Code Ann. 87-1-209(1) does not encompass conservation easement acquisition and that the statute does not require the Department of Fish, Wildlife, and Parks (FWP) to finalize its conservation easement transactions with the Board of Land Commissioners (Land Board).
Steve Bullock, in his official capacity as Governor of Montana, and Martha Williams, in her official capacity as Director of the Department of Fish, Wildlife, and Parks, invoked the Supreme Court’s original jurisdiction to declare whether section 87-1-209(1) requires FWP to bring conservation easement transactions of more than 100 acres or $100,000 in value before the Board of Land Commissioners for final approval. The Supreme Court held (1) the issue presented is justiciable; (2) the Governor and FWP Director have standing to petition the Court; (3) the Court is within the sphere of its constitutional authority to interpret the statutory meaning of section 87-1-209(1); and (4) acquisitions of interests in land do not require Land Board approval, and therefore, FWP is not statutorily required to take its conservation easement transactions before the Land Board.