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MONTANA
                                                                                                                     AB-13
                                                                                                 Clear Form
                                                                                                                     Rev. 04/07
     APPLICATION FOR NONPRODUCTIVE, PATENTED MINING CLAIM STATUS
                                                              15-6-133(1)(b), MCA

Geocode No:                                                          Assessment Code:
This application is to be submitted to the local Department of Revenue office before March 1st or 15 days after receiving a notice of
classification and appraisal from the Department of Revenue, whichever is later.
I,                                                                                                        , whose mailing address is
                                               (Name of Applicant)


                                                          (Mailing Address)
do hereby make application for nonproductive, patented mining claim status, of the following described lands: (Please attach an
additional page if the legal description does not fit within this space.)




I submit the following information in support of this application:

1.   Does the land meet the definition of being “nonproductive”? (See definition on reverse side)                       Yes       No
     If no, why not: _________________________________________________________________________________________

2.   Is all the land described on the application a patented mining claim?                                              Yes       No
     (If no, how many acres are not considered a patented mining claim?) __________ acres
3.   Is the land described located outside the limits of an incorporated city or town?                                  Yes       No
4.   In the case of county-municipal consolidation, was the described land located outside the limits of the municipality prior to the
     consolidation?                                                                                                    Yes  No
5.   Is the applicant and owner of record, as indicated by the tax roll of the county, the same individual, corporation, or partnership?
                                                                                                                          Yes  No
6.   Has a certificate of survey been filed on the land described on the application?                                   Yes       No
7.   Has there been any ongoing or contemplated (as evidenced by a timber sale) timber harvest within one mile of the land
     described on the application?                                                                                 Yes  No
8.   Are any agricultural commodities grown on or adjacent to the land described on the application?                    Yes       No
9.   Are there any recreational structures located within one mile of the land described on the application?            Yes       No
10. Are there any commercial structures located within one mile of the land described on the application?               Yes       No
11. Are there any commercial operations located within one mile of the land described on the application?               Yes       No
12. Is any of the surface of the described land leased for a recreational, commercial, residential, industrial, or agricultural use?
                                                                                                                          Yes  No
13. Is the topography of the property so severe that it precludes development for any purpose other than mining?  Yes             No
     (If yes, describe the severity and why other forms of development could not take place)


14. Is there a covenant or ordinance that restricts the land described on the application from mining?                  Yes       No
    (If yes, include a copy of the covenant or ordinance.)

15. Is any mining activity currently taking place on the land described on the application from mining?                 Yes       No
     (If yes, please describe the activity.)
16. Are there any improvements (buildings or structures) located on and used in the mining activity operation of the described
    land?                                                                                                            Yes  No
     (If yes, how many total acres of land are beneath all the improvements used in the operation of the mining activity and are
     necessary for the use of those improvements?) ____________ acres

Under penalty of law, I affirm that the information provided in this form is true and correct.

Applicant’s Signature:                                                                           Date:



                                                                                                                   _______ Granted
 Received by Local Department of Revenue Office:______________________________
                                                                                                                   _______ Denied
 Comments and/or Reason(s) Denied ________________________________________________________




                     Department of Revenue Appraiser                                             Date
Instructions for Application for Nonproductive, Patented Mining Claim Status

Geocode:             This numerical identifier will be completed by the local Department of Revenue office staff.

Assessment Code:     This numerical identifier will be completed by the local Department of Revenue office staff.

Name of Applicant:   List the name of the property owner. Only the property owner of record or their agent can make
                     application for nonproductive patented mining claim status of lands.

Mailing Address:     List the address where the property owner of record will receive their mail.

Question 1:          The term “nonproductive” means non-fertile land that is incapable of producing animal or plant
                     matter in commercial saleable quantities.

Question 2:          The term “patented” means land purchased from the federal government for the sole purpose of
                     developing a mining operation.

Question 3:          The term ‘incorporated city or town” means any municipality or county area in which the
                     government body has complied with all incorporation provisions outlined in Title 7, MCA.

Question 4:          The question is applicable only to city-county consolidation such as Butte-Silver Bow. To
                     correctly respond to Question 4, you must determine whether the land area identified on the
                     application was outside the city limits prior to the consolidation.

Question 5:          The applicant for class 3, nonproductive, patented mining claim property tax treatment is
                     required to demonstrate that he is the owner of the land for which classification is sought. If, on
                     the date of application, the applicant is presently carried on the tax rolls of the county as the
                     owner of the mining claim, the department will presume that the applicant is the record owner of
                     the mining claim.

                     If, on the date of application, the applicant is not carried as the record owner of the mining
                     claim on the tax rolls of the county, the applicant will be required to fulfill all criteria set forth
                     below.

                     a)    Submission of a copy of the United States patent issued in the name of the owner
                           of record or a written certificate from the Bureau of Land Management certifying the
                           ownership of the patented mining claim, and

                     b)    Submission of a copy of the realty transfer certificate, if provided for by law as of the date
                           of patent issuance, completed by the owner of record or his/her representative or agent,
                           and

                     c)    Submission of copies of the most recent deeds or security agreements evidencing
                           ownership and a copy of the last assessment on the patented mining claim.

                     In the event that class 3, nonproductive, patented mining claim property tax treatment is sought
                     for a patented mining claim which is owned by multiple parties, the criteria set forth above must
                     be fulfilled by a majority of the parties or entities currently paying the taxes on the patented
                     mining claim or by the single party or entity paying the taxes on the patented mining claim.

Question 8:          Agricultural commodities include, but are not limited to; grains, livestock, bees, plant matter
                     grown and harvested for livestock feed.

Question 10 & 11:    Commercial structures and commercial operations include, but are not limited to ongoing
                     mining operations, hunting guide or outfitter operations.

Question 12:         If the answer to Question 12 is yes, please provide a copy of the lease.

Question 14:         If the answer to Question 12 is yes, please provide a copy of the covenant or ordinance.

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gov revenue formsandresources forms AB13

  • 1. MONTANA AB-13 Clear Form Rev. 04/07 APPLICATION FOR NONPRODUCTIVE, PATENTED MINING CLAIM STATUS 15-6-133(1)(b), MCA Geocode No: Assessment Code: This application is to be submitted to the local Department of Revenue office before March 1st or 15 days after receiving a notice of classification and appraisal from the Department of Revenue, whichever is later. I, , whose mailing address is (Name of Applicant) (Mailing Address) do hereby make application for nonproductive, patented mining claim status, of the following described lands: (Please attach an additional page if the legal description does not fit within this space.) I submit the following information in support of this application: 1. Does the land meet the definition of being “nonproductive”? (See definition on reverse side)  Yes  No If no, why not: _________________________________________________________________________________________ 2. Is all the land described on the application a patented mining claim?  Yes  No (If no, how many acres are not considered a patented mining claim?) __________ acres 3. Is the land described located outside the limits of an incorporated city or town?  Yes  No 4. In the case of county-municipal consolidation, was the described land located outside the limits of the municipality prior to the consolidation?  Yes  No 5. Is the applicant and owner of record, as indicated by the tax roll of the county, the same individual, corporation, or partnership?  Yes  No 6. Has a certificate of survey been filed on the land described on the application?  Yes  No 7. Has there been any ongoing or contemplated (as evidenced by a timber sale) timber harvest within one mile of the land described on the application?  Yes  No 8. Are any agricultural commodities grown on or adjacent to the land described on the application?  Yes  No 9. Are there any recreational structures located within one mile of the land described on the application?  Yes  No 10. Are there any commercial structures located within one mile of the land described on the application?  Yes  No 11. Are there any commercial operations located within one mile of the land described on the application?  Yes  No 12. Is any of the surface of the described land leased for a recreational, commercial, residential, industrial, or agricultural use?  Yes  No 13. Is the topography of the property so severe that it precludes development for any purpose other than mining?  Yes  No (If yes, describe the severity and why other forms of development could not take place) 14. Is there a covenant or ordinance that restricts the land described on the application from mining?  Yes  No (If yes, include a copy of the covenant or ordinance.) 15. Is any mining activity currently taking place on the land described on the application from mining?  Yes  No (If yes, please describe the activity.) 16. Are there any improvements (buildings or structures) located on and used in the mining activity operation of the described land?  Yes  No (If yes, how many total acres of land are beneath all the improvements used in the operation of the mining activity and are necessary for the use of those improvements?) ____________ acres Under penalty of law, I affirm that the information provided in this form is true and correct. Applicant’s Signature: Date: _______ Granted Received by Local Department of Revenue Office:______________________________ _______ Denied Comments and/or Reason(s) Denied ________________________________________________________ Department of Revenue Appraiser Date
  • 2. Instructions for Application for Nonproductive, Patented Mining Claim Status Geocode: This numerical identifier will be completed by the local Department of Revenue office staff. Assessment Code: This numerical identifier will be completed by the local Department of Revenue office staff. Name of Applicant: List the name of the property owner. Only the property owner of record or their agent can make application for nonproductive patented mining claim status of lands. Mailing Address: List the address where the property owner of record will receive their mail. Question 1: The term “nonproductive” means non-fertile land that is incapable of producing animal or plant matter in commercial saleable quantities. Question 2: The term “patented” means land purchased from the federal government for the sole purpose of developing a mining operation. Question 3: The term ‘incorporated city or town” means any municipality or county area in which the government body has complied with all incorporation provisions outlined in Title 7, MCA. Question 4: The question is applicable only to city-county consolidation such as Butte-Silver Bow. To correctly respond to Question 4, you must determine whether the land area identified on the application was outside the city limits prior to the consolidation. Question 5: The applicant for class 3, nonproductive, patented mining claim property tax treatment is required to demonstrate that he is the owner of the land for which classification is sought. If, on the date of application, the applicant is presently carried on the tax rolls of the county as the owner of the mining claim, the department will presume that the applicant is the record owner of the mining claim. If, on the date of application, the applicant is not carried as the record owner of the mining claim on the tax rolls of the county, the applicant will be required to fulfill all criteria set forth below. a) Submission of a copy of the United States patent issued in the name of the owner of record or a written certificate from the Bureau of Land Management certifying the ownership of the patented mining claim, and b) Submission of a copy of the realty transfer certificate, if provided for by law as of the date of patent issuance, completed by the owner of record or his/her representative or agent, and c) Submission of copies of the most recent deeds or security agreements evidencing ownership and a copy of the last assessment on the patented mining claim. In the event that class 3, nonproductive, patented mining claim property tax treatment is sought for a patented mining claim which is owned by multiple parties, the criteria set forth above must be fulfilled by a majority of the parties or entities currently paying the taxes on the patented mining claim or by the single party or entity paying the taxes on the patented mining claim. Question 8: Agricultural commodities include, but are not limited to; grains, livestock, bees, plant matter grown and harvested for livestock feed. Question 10 & 11: Commercial structures and commercial operations include, but are not limited to ongoing mining operations, hunting guide or outfitter operations. Question 12: If the answer to Question 12 is yes, please provide a copy of the lease. Question 14: If the answer to Question 12 is yes, please provide a copy of the covenant or ordinance.