Terms Used In Montana Code > Title 76 > Chapter 25 > Part 4 - Subdivision Regulations

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a person who seeks a land use permit or other approval of a development proposal. See Montana Code 76-25-103
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Certificate of survey: means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations. See Montana Code 76-25-103
• Contract: A legal written agreement that becomes binding when signed.
• Dedication: means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted. See Montana Code 76-25-103
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Division of land: means the segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to this chapter. See Montana Code 76-25-103
• Dwelling: means a building designed for residential living purposes, including single-unit, two-unit, and multi-unit dwellings. See Montana Code 76-25-103
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Examining land surveyor: means a registered land surveyor appointed by the governing body to review surveys and plats submitted for filing. See Montana Code 76-25-103
• Final plat: means the final drawing of the subdivision and dedication required by this chapter to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and in regulations adopted pursuant to this chapter. See Montana Code 76-25-103
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing body: means the elected body responsible for the administration of a local government. See Montana Code 76-25-103
• Immediate family: means a spouse, children by blood or adoption, and parents. See Montana Code 76-25-103
• Irrigation district: means a district established pursuant to Title 85, chapter 7. See Montana Code 76-25-103
• jurisdiction: means the area within the boundaries of the local government. See Montana Code 76-25-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land use permit: means an authorization to complete development in conformance with an application approved by the local government. See Montana Code 76-25-103
• Land use plan: means the land use plan and future land use map adopted in accordance with this chapter. See Montana Code 76-25-103
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Local government: means a county, consolidated city-county, or an incorporated municipality to which the provisions of this chapter apply as provided in 76-25-105. See Montana Code 76-25-103
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Planning administrator: means the person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in this chapter. See Montana Code 76-25-103
• Plat: means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. See Montana Code 76-25-103
• Preliminary plat: means a neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body. See Montana Code 76-25-103
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Public utility: has the meaning provided in 69-3-101, except that for the purposes of this chapter, the term includes a county water or sewer district as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44. See Montana Code 76-25-103
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• 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
• Subdivider: means a person who causes land to be subdivided or who proposes a subdivision of land. See Montana Code 76-25-103
• Subdivision: means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. See Montana Code 76-25-103
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tract of record: means an individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. See Montana Code 76-25-103
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203