Montana Attorney General Opinion 16-343

Opinion No. 343. County Lands--County Commission- ers - Easements to United States Government-Water Conservation. HELD: Under the facts stated the County Commissioners have power to grant easements to the United States government for dam sites for the purpose of permitting the latter to construct dams. Mr. Fred C. Gabriel County Attorney Malta, Montana August 13, 1936. You have requested my opinion on the question whether the county may grant easements tp the United States government for dam sites for the purpose of permitting the latter to construct dams. The United States government offers to furnish all labor and materials and construct the dams without cost to the county. The county will retain title to the lands on which the dams are built, and the actual value of such lands will be enhanced for the reason that the water conserved for stock water- ing and irrigation purposes will be of considerable value. Also, such lands will be appraised and the value of the dams added to the present valu- ation. These lands acquired by tax deed may be sold by the county as before, subject, however, to the ease- ments. This office has heretofore held in' an opinion to you dated December I, 1934, that an easement is real prop- erty, and the county commissioners are vested with power of sale thereof for a consideration just and adequate under the circumstances. The con- sideration for the sale of such ease- ments is the construction of dams on county-owned lands, which will en- hance the value of such property. The 342 OPINIONS OF THE ATTORNEY GENERAL county receives not only an indirect benefit in the way of employment and business for its residents (which in itself might not be adequate) but also a direct financial benefit to the land itself because of the construction of the dams and the use of the water conserved thereby. This benefit will result in making the lands not only more saleable but at a higher price. It is therefore my opinion that the consideration is just and adequate under the circumstances, and that the board of county commissioners has the power, by virtue of Sections 4465.9, 4465.21 and 4465.24, R. C. M. 1935, to grant such easements.