ATTORNEY GENERAL

STATE OF MONTANA

Tim Fox
Attorney General

Department of Justice

Joseph P. Mazurekjustice Bldg.
215 North Sanders

R0. Box 201401

Helena, MT 59620-1401

 

November 28, 2017

Nancy L. Rohde, County Attorney
Stillwater County, Montana

PO. Box 179

Columbus, MT 59019

Re: Request for Attorney General Opinion September 29, 2017

Dear Ms. Rohde:

We respectfully decline your request for an Attorney General Opinion regarding the nature of
mineral rights (September 29, 2017). Shortly after receiving your request, an attorney
representing the Stillwater Protective Association called, expressing great interest in
commenting. He has called several times since. Yesterday another attorney who might represent
other interested parties called to inquire. In the normal course, interested parties would be
included in commenting, but only after the Attorney General determines that a formal Attorney
General Opinion is warranted and a draft is issued. We had not yet reached that point.

An Attorney General Opinion may not be issued in ?matters that will likely result in litigation
irrespective of the outcome of a written opinion from the Attorney General?s Of?ce.?' Because
of the calls referenced above and the varying interests that they represent, it appears that
litigation is likely regardless of any conclusion that we might reach.

That being said, you may wish to take a look at Mont. Code Ann. 1-1-205(4) and 70-16-101;
Stokes v. Travel, 134 Mont. 250, 328 P.2d 1096, 1099 (Mont. 1958); v. TooIe County, 117
Mont. 426, 159 P.2d 340, 342 (Mont. Libby Placer 111] 36-39, 42 and 43; In re Ave, 2012
Bankr. LEXIS 2683 at *7-8 (D. Mont. 2012); and Broderick v. Stevenson COHSOI. 01'! Co., 88
Mont. 34, 290 P. 244, 245 (Mont. 1930). These authorities might answer your question.

Ple 'ith any questionsm

  
  



Very truly yo

 

 

TRICK M. RISKEN
Assistant Attorney General

 



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