You will need to file the Declaration with the Clerk and Recorder's Office in the county where the homestead is located. Need More Information?Complete the Homestead Declaration form. The form must be printed legibly in black ink. The homestead can't exceed one acre in a city or 160 acres in a rural area. To the professionals at my local Clerk and Recorder's Office,. The Homestead Act of 1862 enabled thousands of individuals and families to claim land in Montana. The act offered 160 acres of land to United States Citizens. Section 8 of the Homestead Act of 1862 allowed persons who did not want to wait five years to complete their entries to.