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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 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 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 the acreage is deducted from the ownership. 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.

 

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; AMD, 2010 MAR p. 549, Eff. 2/26/10; AMD, 2020 MAR p. 1881, Eff. 10/24/20.

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