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Montana Court Overrules Attorney General on Easements

Attorney General Tim Fox had argued that the governor can't unilaterally approve large conservation easements

By Associated Press

HELENA – The Montana Supreme Court has overruled Attorney General Tim Fox’s legal opinion that the governor can’t unilaterally approve large conservation easements.

The court issued an order Tuesday siding with Gov. Steve Bullock, who argued that he doesn’t need the state Land Board’s approval because conservation easements aren’t land acquisitions.

The Democratic governor petitioned the court after the Republican attorney general issued an opinion that the board must approve easements larger than 100 acres (40 hectares) or worth more than $100,000.

An attorney general’s opinion is legally binding unless a court overrules it.

Bullock approved the purchase of a $6.1 million easement after the Land Board delayed action on the proposal.

The court order was published without an explanation of the court’s reasoning, though it said a full opinion will be issued.