Bill > SB209

This bill revises the legal framework for conservation easements in Montana by limiting their duration and protecting agricultural land use. The bill restricts conservation easements to a maximum term of 40 years (with a minimum of 15 years), eliminating the previous option for perpetual easements. Importantly, the legislation prohibits conservation easements from limiting or prohibiting agricultural activities on land that has been used for agricultural production within the past 10 years. The bill also explicitly prevents conservation easements from requiring the conversion of land to federal control. Additionally, the legislation modifies definitions related to conservation easements and clarifies how such easements are assessed for taxation purposes. Specifically, the land's value will continue to be determined based on its restricted use, and the expiration of an easement will not automatically trigger a reassessment if the easement is renewed within 15 days of expiration. The bill includes a provision requiring the secretary of state to notify tribal governments about the new law and will apply to conservation easements entered into on or after October 1, 2025.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC2184