Montana Attorney General Opinion 15-276

Opinion No. 276 Foresis-Siumpage-State Lands, Ex· change of-State Board of Land Commissioners. HELD: The state may not exchange stumpage for other lands from which the timber has heen partially removed. The determination of whether or not certain lands are of eqnal yalue to others proposed to be exchanged is vest- ed in the State Board of Land Commis- sioners' discretion. .July 18, 1933. You request illY opinion relath-e to the exchange of primtely owned timber lands for lands of the state in accord- ance with Chapter 180 of the Laws of OPI~IO~S OF 'l'HE ATTOH~EY GE~ERAL 191 lU:U. You first ask whether or not the state may exchange stumpage (or. n;; I understnnd it. the right to remoye timber from certain 1nnds) for other lands from which the timber has heen partially remo\·ed. "Te are of the opinion that this in effect means the exchange of timber for lands and is not an exchange of lands as contemplated by the statute and that such an exchange cannot law- fully he made. You next inquire whether it is neces- sar~' that the lands of the same class he exchanged, that is, whether cuto\'er lands must he exchanged for cutover lands. The statute is 1I0t entirely definite upon tha t point. It does provide tha t the state "in exehnnge therefor ma~' cOII\'ey not to exceed an equal ya1ue of simila r la 11(1 owned by the State of l\lontana." A discretion is vested in the ~tate Board of Land Commissioners in making such exchange. This discretion must give considerah1e power to the hoard in their determination as to what are lands of similar character. Their (liscretion should be very carefully ex- erCised but we could not fix the limits IJeyond which they should go in de- termining this matter.