A. Condominiums: Generally condominiums are subject to review as subdivisions, but under certain circumstances they may be exempt from review, provided they are constructed on land divided in compliance with this title and the MSPA, and:
1. The approval of the original division of land expressly contemplated the construction of the condominiums and Montana Code Annotated section 76-3-621 is complied with; or
2. The condominium proposal is in conformance with applicable zoning regulations.
B. Subdivisions Created By Rent Or Lease: Generally, subdivisions created by rent or lease are exempt from the surveying and filing requirements of the MSPA and this title, but must be submitted for review and approved by the governing body before portions may be rented or leased.
1. When the land upon which an improvement is situated has been subdivided in compliance with the MSPA, the sale, rent, lease or other conveyance of one or more parts of a building, structure, or other improvement situated on one or more parcels of land is not a division of land and is not subject to the MSPA or this title;
2. The sale, rent, lease, or other conveyance of one or more parts of a building, structure or other improvement, whether existing or proposed, is not a division of land and is not subject to the requirements of the MSPA or this title.
C. Created By Lease Or Rental Of Airport Related Land: A division of land created by lease or rental of contiguous airport related land owned by a city, county, the state, or a municipal or regional airport authority is not subject to the MSPA or this title, provided that the lease or rental is for on site weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier related activities.
D. Division Of State Owned Land: A division of state owned land is not subject to the MSPA or this title unless the division creates a second or subsequent parcel from a single tract for sale, rent, or lease for residential purposes after July 1, 1974.
E. Prior To July 1, 1974: The MSPA and this title do not apply to deeds, contracts, leases, or other conveyances which were executed prior to July 1, 1974.
F. Acquired For State Highways: Instruments of transfer of land which is acquired for state highways may refer by parcel and project number to state highway plans which have been recorded in compliance with Montana Code Annotated section 60-2-209, and are exempted from the surveying and platting requirements of the MSPA and this title. A survey or plat for the recordation of an instrument transferring title to a remainder that was created when the state obtained property for a highway right of way is not required 1 . If such parcels are not shown on highway plans of record, instruments of transfer of such parcels shall be accompanied by and refer to appropriate certificates of survey and plats when presented for recording. (Ord. 784, 8-6-2007)
Notes
| 1 | 1. 44 AG Op. 25 (1992). |