A. Statement Of Intent: The intended purpose of this exemption is to allow a change in the location or the elimination of a boundary line between adjoining properties outside of a platted subdivision and to allow a one time transfer of a tract to effect that relocation or elimination without subdivision review.
B. Required Information: Certificates of survey claiming this exemption must clearly distinguish between the existing boundary locations and, in case of relocation, the new boundary. This must be accomplished by representing the existing boundary with a dashed line and the new boundary, if applicable, with a solid line. The appropriate certification set forth in ARM 24.183.1104 (1)(f) (appendix A) must be included on the certificate of survey. Certificates of survey showing the relocation of common boundary lines must be accompanied by a quitclaim or warranty deed or recordable agreement from adjoining property owners for the entire newly described parcel(s) or that portion of the tract(s) that is being affected.
C. Use Of Exemption: The proper use of the exemption for relocating common boundary lines is to establish a new boundary between adjoining parcels of land outside of a platted subdivision, without creating an additional parcel. The exemption may not be used if the division of land would result in the permanent creation of one or more additional parcels of land.
D. Rebuttable Presumptions: The use of this exemption is presumed to have been adopted for the purpose of evading the MSPA if:
1. The reviewing agent determines that the documentation submitted according to this section does not support the stated reason for relocation; or
2. The proposed relocation creates a parcel of less than one hundred sixty (160) acres which, prior to the relocation included more than one hundred sixty (160) acres. (Ord. 784, 8-6-2007)
Notes
| 1 | 2. MCA § 76-3-207(1)(a). |