2005 Montana Code Annotated - 77-4-128 — Permission for and disposition of improvements.

     77-4-128. Permission for and disposition of improvements. (1) A geothermal lessee of state lands has the right to place upon the leased lands a reasonable amount of improvements, provided that such improvements are directly related to the purpose of the lease.
     (2) Whenever another person becomes the geothermal lessee, he shall pay the former lessee the reasonable value of such improvements at the time the new lessee takes possession thereof.
     (3) In determining the value of these improvements, the original cost, the present condition, and the suitableness of the improvements for the uses ordinarily made of geothermal resources shall be considered.
     (4) The former lessee may, however, remove or dispose of the movable improvements from the land within 60 days from the expiration of his lease except for the well casing and other equipment necessary for the preservation of any geothermal well. If not removed within 60 days, improvements shall become the property of the state unless the board shall grant additional time for the removal thereof. Before a lease is issued to the new lessee he shall show that he has paid the former lessee the value of the improvements as agreed upon by them or as fixed and determined under 77-4-129, that he has offered to pay the value of the improvements as so fixed and determined, or that the former lessee elects to remove the improvements.

     History: En. 81-2608 by Sec. 8, Ch. 111, L. 1974; R.C.M. 1947, 81-2608.