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This is an obsolete version of the rule. Please click on the rule number to view the current version.

42.20.610    CLASSIFICATION AND APPRAISAL OF EASEMENTS ON AGRICULTURAL LAND

(1) Road, irrigation ditch, or power line easements that do not transfer title to such rights-of-way are taxable and will be classified, graded, and valued as adjoining agricultural land.

(2) A deeded right-of-way that is conveyed through a deed or other instrument, from a private owner to a government agency or other tax-exempt entity is not taxable and is deducted from the ownership in which it is located. If the deeded right-of-way splits two or more ownerships, such as along a deeded county road, the department will deduct proportional amounts of acreage from each ownership. A record of the conveyance must be available in the local county clerk and recorder's office.

(3) To determine the total acreage of land devoted to the easement or deeded right-of-way, the department shall determine the square footage and convert the square footage to acres by dividing the square footage by 43,560.

History: 15-7-111, MCA; IMP, 15-7-103, 15-7-201, 15-7-206, MCA; NEW, 2003 MAR p. 1888, Eff. 8/29/03.

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