What is a Family Transfer?
Under Montana law any division of land must be reviewed with public notice, under local criteria set forth in subdivision regulations for the purpose of protecting public health, safety and welfare. State law (MCA 76-3-207), however, allows for a family member to give a single gift of property, outside a platted subdivision, to each immediate family member without the public review process.
Historically, this law met a need for large agricultural owners to provide land for continued farming by a son or daughter. However, the law has been abused over time. The County must assure that such family transfers are not done for the purpose of evading subdivision review and in 1984 it established certain criteria which must be met for family transfers to legitimately be used as an exemption to the subdivision review process.