Mont. Code Ann. » TITLE 20. EDUCATION · CHAPTER 25. UNIVERSITY SYSTEM · Part 3. Administration of University System
Montana Code Annotated

Mont. Code Ann. § 20-25-302 (2026)

Revenue-Producing Facilities -- Powers Of Regents

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 20
  3. CHAPTER 25
  4. Part 3
  5. 20-25-302 Revenue-producing facilities -- powers of regents

TITLE 20. EDUCATION

CHAPTER 25. UNIVERSITY SYSTEM

Part 3. Administration of University System

Revenue-Producing Facilities -- Powers Of Regents

20-25-302. Revenue-producing facilities -- powers of regents. The regents of the Montana university system may:

(1) purchase, construct, equip, or improve, at any unit of the Montana university system, any of the following types of revenue-producing facilities:

(a) land;

(b) residence halls, dormitories, houses, apartments, and other housing facilities;

(c) dining rooms and halls, restaurants, cafeterias, and other food service facilities;

(d) student union buildings and facilities; and

(e) those other facilities specifically authorized by joint resolution of the legislature;

(2) rent housing facilities and provide food and other services to the students, officers, guests, and employees of the unit at rates that will ensure a reasonable net income over operating expenses and will provide for debt service and reserves and provide for the collection of charges, admissions, and fees for the use of other facilities by students and other persons. The charges, admissions, and fees are not considered tuition within the meaning of 20-25-421 and may be collected from any or all students.

(3) hold the net income derived from the operation of the facilities and the charges, admissions, and fees collected and devote the revenue from these sources to debt service and reserves, repairs, replacements, and betterments of the facilities or, so far as the revenue has not been previously obligated for these purposes, to the acquisition, erection, equipping, enlarging, or improvement of additional facilities of the types described in this section;

(4) exercise full control and complete management of the facilities;

(5) rent the facilities to other public or private persons, firms, and corporations for uses, at times, for periods, and at rates as in the regents' judgment will be consistent with the full use of the facilities for academic purposes and will add to the revenue available for capital costs and debt service;

(6) do all things necessary to plan for and propose financing, including all necessary loan applications, for:

(a) classroom, laboratory, library, bookstore, and other instructional facilities;

(b) office, recordkeeping, storage, equipment maintenance, and other administrative and operational facilities;

(c) stadiums, fieldhouses, armories, arenas, gymnasiums, swimming pools, and other facilities for athletic and military instruction, exhibitions, games, and contests;

(d) auditoriums, theaters, music halls, and other assembly, theatrical, musical, and entertainment facilities;

(e) hospital, nursing, and other health instruction and service facilities;

(f) nurseries, barns, arenas, pavilions, and other facilities for agricultural and livestock breeding, development, and exhibition;

(g) parking lots and ramps and other parking facilities; and

(h) land needed for the facilities.

History: En. 75-8503 by Sec. 32, Ch. 2, L. 1971; R.C.M. 1947, 75-8503; amd. Sec. 74, Ch. 370, L. 1987; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 5, Ch. 243, L. 1997.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1997–2022 · leading case: Duck Inn, Inc. v. Montana State Univ.-N., 949 P.2d 1179 (Mont. 1997).
Sort: Relevance Newest Treatment
Duck Inn, Inc. v. Montana State Univ.-N., 949 P.2d 1179 (Mont. 1997). · cites it 43× “Did the District Court err in concluding that Northern’s conduct in renting its facilities to private persons and organizations is authorized by § 20-25-302, MCA (1993)? 2. Did the District Court err in concluding that § 20-25-302, MCA (1993), does not violate the Montana…”
State v. Mathis, 2003 MT 112 (Mont. 2003). · cites it 18× “In so doing, we concluded: [I]t is clear that § 20-25-302, MCA (1993), is not an unconstitutional delegation of legislative authority to the board of regents.”
Bd. of Regents v. State, 2022 MT 128 (Mont. 2022). · cites it 4× “The Attorney General concluded that, where legislative action would effectively eliminate the Board’s statutory and constitutional authority over matters concerning the MUS, the Legislature could not act. 40 Op. Att’y Gen.”
Mont. Code Ann. § 20-25-302(5): 2 cases
State v. Mathis, 2003 MT 112 (Mont. 2003). “In so doing, we concluded: [I]t is clear that § 20-25-302, MCA (1993), is not an unconstitutional delegation of legislative authority to the board of regents.”
Duck Inn, Inc. v. Montana State Univ.-N., 949 P.2d 1179 (Mont. 1997). “Did the District Court err in concluding that Northern’s conduct in renting its facilities to private persons and organizations is authorized by § 20-25-302, MCA (1993)? 2. Did the District Court err in concluding that § 20-25-302, MCA (1993), does not violate the Montana…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.