Montana Attorney General Opinion 16-180

Opinion No. 180. State Lands-Forest Lands-Ex- changes-Parks-Recrea- tional Areas. HELD: State forest lands may be exchanged for similiar privately owned lands of equal value, and as near as may be of equal area. The land which is to be acquired may be used for recreational areas, providing the rentals and other income shall be available for the purposes mention eLl in the Enabling Act. October 4, 1935. Mr. Rutledge Parker State Forester Missoula, Montana You have submitted the following: "Your opinion is desired to the State's authority, under Chapter 180, OPINIONS OF THE ATTORNEY GENERAL 187 1931 Session Laws, and the amend- ment to the Enabling Act, passed by the 72nd Congress, as to the ex- change of State Forest lands for similar privately owned lands. "We would also like to know if State lands can be exchanged to ac- quire recreational areas now in pri- vate ownership. The attached menlO. relating to Lake Ronan shore lands, explains this class of exchange ac· quisition." Section I, Chapter 180, Laws 1931, provides: "That the State Board of Land Commissioners of the State of Montana is hereby authorized to ac- cept on behalf of the State of Mon- tana title in fee simple to any lands, timbered or from which the tintber has been cut or burned, and in ex- change therefor may convey not to ('xceed an equal valu,= of sirnilar land owned by the State of Montana. " " *" Section 11 of the Enabling Act, ap- proved February 22, 1889, (25 Stat. 676), was amended by the 72nd Con- gress of the United States so as to include, among other things, the fol- lowing: "Any of the said lalldR may be exchanged for other lands, public or private, of equal value and as near as may be of equal area, but if any of the said lands are exchanged \vith the United States, such exchange shall be limited to surveyed, nonminera1, unreserved public lands of the United States within the state. ': ,. *" The said amendment further pro- vides that rentals on leased land, and all other actual income, shall be avail- able for the maintenance and sup- port of such schools and institutions as are provided for in the said Ena- bling Act. It appears that the said st",tute and lhe amendmE;nt to the Enablill!';" Act are sufficiently broad to permit the exchange of state forest lands for similar privatE!1y owned lands of equal value, and as near as may be of -equal area. As to lands to uc E.x.:hangen so as to acquire recreatioliul areas, su(~h as the Lake Ronan shorp. lands, we see no objection thereto p<·.)Yided the lands exchanged are similar and are of equal value and the othel' require- ments of the statute and Enabling Act are met. The fact that such lands to be acquired may be used for rec- reational areas would not seem to be an obstacle to the exchange, provid- ing the rentals and other income shall be available for the purposes men- tioned in the Enabling Act.