7-8-103. Authorization for governmental and public entities to take property by gift or devise — restriction. (1) (a) All counties, all public hospitals and cemeteries, and other public institutions are hereby granted the power and authority to accept, receive, take, hold, and possess any gift, donation, grant, devise, or bequest of real or personal property and the right to own, hold, work, and improve the same.

(b)The provisions of subsection (2) and 7-8-104 are hereby made expressly applicable to gifts, donations, grants, devises, and bequests of real or personal property to officers and boards of the public corporations and institutions mentioned in subsection (1)(a).

(2)(a) Any city or town organized under the laws of Montana is hereby empowered and given the right:

(i)to accept, receive, take, hold, own, and possess any gift, donation, grant, devise, or bequest; any property (real, personal, or mixed); any improved or unimproved park or playground; any water, water right, water reservoir, or watershed; any timberland or reserve; or any fish or game reserve in any part of the state;

(ii)to own, hold, work, and improve the same.

(b)The gifts, donations, grants, devises, or bequests made to any officer or board of any city or town must be considered a gift, donation, grant, devise, or bequest made for the use and benefit of any city or town and must be administered and used by and for the city or town for the particular purpose for which it was given, donated, granted, devised, or bequeathed. In the event no particular purpose is mentioned in the gift, donation, grant, devise, or bequest, then it must be used for the general support, maintenance, or improvement of any city or town.

(3)A gift, donation, grant, devise, or bequest may not be accepted or used in contravention of 13-35-238.