A. Statement Of Intent: The intent of this exemption is to allow a landowner to convey one parcel outside of a platted subdivision to each member of his or her immediate family, without local subdivision review. A single parcel may be conveyed to each member of the immediate family under this exemption in each county where the landowner owns property. The term "immediate family" means the spouse, children (by blood or adoption), or parents of the grantor 2 . This exemption may be used only by grantors who are natural persons and not by noncorporal legal entities such as corporations, partnerships, and trusts.
B. Required Information: A certificate of survey (or recording of an instrument of conveyance) that uses this exemption to create a parcel for conveyance to a family member must show the name of the grantee, relationship to the landowner, and the parcel to be conveyed under this exemption, and the landowner's certification of compliance (ARM 24.183.1104(1)(f)) found in appendix A. Also, the certificate of survey or instrument of conveyance must be accompanied by a deed or other conveying document.
C. Use Of Exemption: One conveyance of a parcel to each member of the landowner's immediate family is eligible for exemption from subdivision review under the MSPA and this title. However, the use of the exemption may not create more than one new parcel per eligible family member.
D. Rebuttable Presumptions:
1. Any proposed use of the family gift or sale exemption to divide a tract that was previously created through the use of an exemption will be presumed to be adopted for purposes of evading the MSPA.
2. The use of the family gift or sale exemption to divide tracts that were created as part of an overall development plan with such characteristics as common roads, utility easements, restrictive covenants, open space or common marketing or promotional plan raises a rebuttable presumption that the use of the exemption is adopted for purposes of evading the MSPA.
3. A transfer of a parcel of land by one family member to another, followed by an attempted use of this exemption will result in the presumption the method of disposition is adopted for the purpose of evading the MSPA and this title.
4. The use of the exemption to create more than one additional or remaining parcel of less than one hundred sixty (160) acres in size is presumed to be adopted for the purpose of evading the MSPA and this title. (Ord. 784, 8-6-2007)
Notes
| 1 | 1. MCA § 76-3-207(1)(b). |
| 2 | 2. MCA § 76-3-103(8). |