76-3-307. Donations or grants to public considered a grant to donee. Every donation or grant to the public or to any person, society, or corporation marked or noted on a plat is to be considered a grant to the donee.
Montana Code Annotated
Mont. Code Ann. § 76-3-307 (2026)
Donations Or Grants To Public Considered A Grant To Donee
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TITLE 76. LAND RESOURCES AND USE
CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS
Part 3. Land Transfers
Donations Or Grants To Public Considered A Grant To Donee
History: En. Sec. 13, Ch. 500, L. 1973; R.C.M. 1947, 11-3871.
Notes of Decisions
Cited in 3
cases, 1998–2020 · leading case: Yockey v. Kearns Props., LLC, 2005 MT 27, 106 P.3d 1185.
Yockey v. Kearns Props., LLC, 2005 MT 27, 106 P.3d 1185. “However, the court then went on to make findings on disputed facts central to the litigation, and corresponding conclusions of law, including that the Antigone Acres plat grants and donates the subdivision’s drives and lanes to the public, pursuant to §§ 76-3-307 and…”
Montana Earth Resources Ltd. P'ship v. North Blaine Estates, Inc., 1998 MT 254, 967 P.2d 376. “Section 76-3-307, MCA, reads: “Every donation or grant to the public or to any person, society, or corporation marked or noted on a plat is to be considered a grant to the donee.”
Callsen v. Missoula Cnty., 2020 MT 176, 467 P.3d 580. “Taken together, based upon Mont. Code Ann. § 76-3-307 , the Court finds both pages of the plat constitute an instrument of conveyance or deed of a right-of-way from McPherson to Missoula County, to hold in trust for the public.”
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