HELENA – The Montana Supreme Court overruled an opinion by Attorney General Tim Fox over the governor’s approval of conservation easements.
The case revolves around a 15,000-acre easement east of Glendive.
FWP negotiated the proposed easement.
It then went before the land board, who voted three-to-two delay action.
But Gov. Steve Bullock went forward with the agreement anyway, arguing conservation easements don’t need to be approved the land board because they are not a direct acquisition of land.
Senate President Scott Sales asked for a formal opinion on whether Bullock followed the law. Fox determined easements must go through the land board.
However, the Montana Supreme Court disagreed and overturned the attorney general’s opinion.
Related: Montana Supreme Court hears arguments in Bullock-Fox dispute over approving conservation easements
