82-1-105. Exploration permit. (1) Upon compliance with the provisions of this section, namely the filing of a notice of intention to engage in the exploration and a certificate or a copy of the certificate from the secretary of state certifying the name and address of the resident agent for service of process for the person, firm, or corporation desiring to engage in the exploration and certifying that the required surety bond has been filed with the secretary of state, the county clerk and recorder shall issue to the person, firm, or corporation a geophysical exploration permit.

Terms Used In Montana Code 82-1-105

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)The permit must show:

(a)the name of the person, firm, or corporation and the principal place of business;

(b)if a firm or corporation, the names and addresses of its officers;

(c)the name and address of the resident agent for service of process for the person, firm, or corporation;

(d)that a notice of intention to engage in geophysical exploration has been filed; and

(e)that a good and sufficient surety bond has been filed by the person, firm, or corporation, naming the surety company and giving its address.

(3)The permit must be signed by the county clerk and recorder or the clerk and recorder’s deputy and bear the official county seal. The permit is valid and effective for all geophysical crews of the permittee during the calendar year in which it is issued.

(4)The cost of the permit is $5 per calendar year or any portion of the calendar year for which issued, and the revenue realized from the permit must go to the county issuing the permit. The funds must be applied toward payment of the cost of printing the permits, which must be printed at the county seat, and excesses must be deposited in the county’s general fund.

(5)If printed forms are not available at the time any person, firm, or corporation desires the permit and qualifies for its issuance, a typewritten or other form of reproduction of the permit may be used, the fee of $5 must still be paid for its issuance, and this fee must be disposed of in the same manner.

(6)The permit or a copy of the permit must be carried by the person or by the agent of the firm or corporation at all times during the period of the geophysical exploration and must be exhibited upon demand of any county or state official.