Montana Attorney General Opinion 15-521

Opinion No. 521 County Commissioners-County Lamh -Exchange of County Lands -Equal Value. HELD: In exchanging county lands for other lands of equal yalne. under authority of Chapter 65, Laws of 1933, it is apparently the intent of the law. and is the fair way to proceed. for the county commissioners to petition the District Court for appointment of IlI)- praisers of the lands to be conveyed by the county and of the land to be receil-ed by the county, in order to ascertain whether the latter is of "equal value" with the forme 1-. May 1, 1934. You request my opinion regarding the exchange of lands by counties, au- thorized by virtue of Chapter 65, Laws of 1933, at. page 121 thereof, which ,.,tatute provides that the boanl of county commissioners may "exchange suid lands for other lands of equal value where the effect of such ex- change would be to acquire land which could be leased or sold to better ad- vantage." You inquire how the matter of "equal value" of lands is to be de- termined. It appears that no method of deter- mining same is fixed under the law. The authol"ity for determining this matter clearlr vests in the county com- missioners. Chapter 65, Laws of 1933. places the duty of appraising lands owned by the county on the countr commissioners. Chapter 74. I,a ws of 1933, amending Section 4465, R. C. M., 1921, provides for the appraisement of lands to be purchased. Such lands shall he appraised by three disinterest- ed citizens appointed by the District Judge. r find no statute which requires any specific appraisement before the ex- change of lands. In the position' in which you are r can think of no better or fairer way to proceed than as YOll have done in presenting to the District Court a petition requesting the Court to appoint appraisers of land to be con- veyed by the county and land to be receiYed by the county. This apparently is the intent of the law. r believe the COUlt has authority so to do. If an ap- praisement is so ordered and made and the commissioners in reliance upon such appraisement, find the lands of equal yalue and authorize the exchange, cer- tainly el-erything that could be done has been done in this matter.