reglab/housing_qa huggingface dataset:
MT Code § 77-2-217 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 2. Exchanges of Land|77-2-217. Status of exchanged lands

  77-2-217. Status of exchanged lands. All lands taken in exchange under 77-2-211 through 77-2-216 for lands granted by the United States to the state of Montana prior to July 1, 1931, shall be subject to the same restrictions, limitations, and provisions as the lands granted by the United States are now subject to. All lands granted by the state in carrying out such exchanges shall thereafter be free from the restrictions and limitations provided by The Enabling Act of the state of Montana or the other grant from the United States.   History: En. Sec. 6, Ch. 180, L. 1931; re-en. Sec. 1995.6, R.C.M. 1935; R.C.M. 1947, 81-2206(part).
MT Code § 77-2-301 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-301. Sales of state land under board control

  77-2-301. Sales of state land under board control. The board may decide when sales of state land are to be held and what state lands are to be offered for sale, subject to the limitations of this title, as the best interests of the state may appear to require.   History: En. Sec. 70, Ch. 60, L. 1927; re-en. Sec. 1805.70, R.C.M. 1935; R.C.M. 1947, 81-907; amd. Sec. 1, Ch. 602, L. 1989; amd. Sec. 5, Ch. 355, L. 2003.
MT Code § 77-2-302 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-302. Disposition of former institutions and certain federal land grants

  77-2-302. Disposition of former institutions and certain federal land grants. (1) Notwithstanding any other section in this chapter, any lands, including buildings, that were formerly used as or by a state institution and that are no longer used for institutional purposes may be disposed of in whole or in part on the terms and in the manner that the board, after consultation with the appropriate legislative committee, may determine to be in the state's best interest, subject to The Enabling Act and constitutional restrictions. Disposal of the property may not be finally concluded until 60 days' public notice of the terms of the proposed disposal has been given.   (2) Notwithstanding any other section in this chapter, any lands, including buildings, granted to the state by the United States pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., or acquired by the state as remedial action pursuant to 75-10-704, 75-10-711, or 75-10-712 may be disposed of in whole or in part on the terms and in the manner that the board, after consultation with the director of the department of environmental quality, determines to be in the state's best interest.   History: En. 81-907.1 by Sec. 1, Ch. 410, L. 1977; R.C.M. 1947, 81-907.1; amd. Sec. 3, Ch. 274, L. 1989; amd. Sec. 320, Ch. 418, L. 1995.
MT Code § 77-2-303 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-303. Restrictions on land available for sale

  77-2-303. Restrictions on land available for sale. (1) Land that in the judgment of the department is likely to contain valuable deposits of coal, oil, oil shale, phosphate, metals, sodium, or other valuable mineral deposits is not subject to sale of either the surface land or any of the mineral deposits. However, this subsection does not prohibit the sale of lands containing sand, gravel, building stone, brick clay, or similar materials.   (2) (a) Except any lands previously leased as cabin sites, there is reserved from sale from all state land bordering on navigable lakes, nonnavigable meandered lakes, and navigable streams, that the board considers in the best interests of the state, a strip of land that includes all the land lying between the low-water mark and high-water mark and that extends in width landward from the line of the high-water mark of the lake or stream the full width of the 40-acre tract or government lot abutting the line of the high-water mark. If the width of the abutting government lot at its narrowest point is less than 100 feet, then the strip reserved must extend to and include the next adjoining 40-acre tract or government lot. The land reserved from sale by this subsection is subject to the granting of easements the same as other state lands.   (b) Strips of land bordering on meandering lakes or on navigable streams, except the strip lying between the low-water and high-water mark, whether surveyed and platted into blocks and lots or not, may be leased as provided in this title for the leasing of other state lands.   History: (1), (2)En. Sec. 64, Ch. 60, L. 1927; re-en. Sec. 1805.64, R.C.M. 1935; amd. Sec. 55, Ch. 428, L. 1973; Sec. 81-901, R.C.M. 1947; (3)En. Sec. 66, Ch. 60, L. 1927; re-en. Sec. 1805.66, R.C.M. 1935; amd. Sec. 7, Ch. 257, L. 1965; Sec. 81-903, R.C.M. 1947; R.C.M. 1947, 81-901, 81-903(part); amd. Sec. 2, Ch. 602, L. 1989; amd. Sec. 5, Ch. 18, L. 1999; amd. Sec. 6, Ch. 418, L. 2001; amd. Sec. 8, Ch. 17, L. 2013; amd. Sec. 1, Ch. 422, L. 2013.
MT Code § 77-2-304 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-304. Mineral reservations in state land

  77-2-304. Mineral reservations in state land. All coal, oil, oil shale, gas, phosphate, sodium, and other mineral deposits in state land, except sand, gravel, building stone, and brick clay, which were not reserved by the United States before July 1, 1927, are reserved to the state. Those deposits are reserved from sale except upon a rental and royalty basis as provided by law. A purchaser of state land acquires no right, title, or interest in or to any of those deposits. The state also reserves for itself and its lessees the right to enter upon state land to prospect for, develop, mine, and remove mineral deposits and to occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the exploring for, mining, and removal of the deposits from the land, but the lessee shall make just payment to the purchaser for all damage done by reason of entry upon the land and the use and occupancy of the surface of the land.   History: En. Sec. 65, Ch. 60, L. 1927; amd. Sec. 1, Ch. 28, L. 1929; amd. Sec. 1, Ch. 183, L. 1935; re-en. Sec. 1805.65, R.C.M. 1935; amd. Sec. 1, Ch. 184, L. 1961; amd. Sec. 56, Ch. 428, L. 1973; R.C.M. 1947, 81-902; amd. Sec. 1, Ch. 157, L. 1981; amd. Sec. 7, Ch. 418, L. 2001; amd. Sec. 9, Ch. 17, L. 2013.
MT Code § 77-2-305 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-305. Lands within federal irrigation projects

  77-2-305. Lands within federal irrigation projects. Whenever state lands are located within the boundaries of federal irrigation projects, the land shall be sold in conformity with the classification of farm units as made by the United States, and all certificates of purchase issued for such lands shall show that the lands are located within a federal irrigation project and are or will be liable for their proper share of the reclamation charges.   History: En. Sec. 69, Ch. 60, L. 1927; re-en. Sec. 1805.69, R.C.M. 1935; R.C.M. 1947, 81-906.
MT Code § 77-2-306 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-306. Who may purchase

  77-2-306. Who may purchase. (1) State land may be sold to any person who is 18 years of age or older or any governmental or private entity including tribal governments as defined in 18-11-102.   (2) A sale involving land in excess of 160 acres may not be made under this section without first consulting with the board of county commissioners of the county or counties in which the lands to be sold are located.   (3) State land may not be sold to the federal government or to an agency of the federal government, except for the purpose of building federal facilities and structures. Nothing in this section prohibits the sale of state land to a tribal government as defined in 18-11-102.   (4) A local government that sold or transferred property to the state has the right of first refusal if the state subsequently offers the property for sale. For purposes of this subsection, "right of first refusal" means the right to have the first opportunity to purchase the property for not less than fair market value when the property becomes available or the right to meet any other offer.   History: En. Sec. 71, Ch. 60, L. 1927; re-en. Sec. 1805.71, R.C.M. 1935; amd. Sec. 1, Ch. 95, L. 1949; amd. Sec. 1, Ch. 10, L. 1959; amd. Sec. 2, Ch. 184, L. 1961; amd. Sec. 19, Ch. 240, L. 1971; amd. Sec. 31, Ch. 94, L. 1973; R.C.M. 1947, 81-908(part); amd. Sec. 2, Ch. 628, L. 1985; amd. Sec. 1, Ch. 313, L. 1991; amd. Sec. 1, Ch. 326, L. 2003; amd. Sec. 6, Ch. 355, L. 2003.
MT Code § 77-2-307 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-307. Repealed

  77-2-307. Repealed. Sec. 18, Ch. 355, L. 2003.   History: En. Sec. 71, Ch. 60, L. 1927; re-en. Sec. 1805.71, R.C.M. 1935; amd. Sec. 1, Ch. 95, L. 1949; amd. Sec. 1, Ch. 10, L. 1959; amd. Sec. 2, Ch. 184, L. 1961; amd. Sec. 19, Ch. 240, L. 1971; amd. Sec. 31, Ch. 94, L. 1973; R.C.M. 1947, 81-908(part); amd. Sec. 3, Ch. 628, L. 1985.
MT Code § 77-2-308 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-308. Approval or disapproval of sales

  77-2-308. Approval or disapproval of sales. All sales of state lands shall be subject to the approval and confirmation by the board, and no sale shall be deemed completed until after such approval and confirmation. The board shall have the power and it shall be its duty to disapprove any sale which in its opinion would be disadvantageous to the state.   History: En. Sec. 82, Ch. 60, L. 1927; re-en. Sec. 1805.82, R.C.M. 1935; R.C.M. 1947, 81-918(part).
MT Code § 77-2-309 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-309. Discretion of board with respect to surveying and platting

  77-2-309. Discretion of board with respect to surveying and platting. The board has the option of determining whether or not state land must be surveyed, platted, and laid off into blocks and lots.   History: En. Sec. 68, Ch. 60, L. 1927; re-en. Sec. 1805.68, R.C.M. 1935; amd. Sec. 41, Ch. 100, L. 1973; R.C.M. 1947, 81-905(part); amd. Sec. 7, Ch. 355, L. 2003.
MT Code § 77-2-310 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-310. Certain lands to be platted before sale

  77-2-310. Certain lands to be platted before sale. (1) Any part of state lands that in the opinion of the board may be sold for residential or commercial purposes must before sale, at such time as the board may consider to be in the best interests of the state, be surveyed in conformity with the laws of the state for the survey and platting of townsites and additions. Except to the extent that the following provisions violate Article X, section 4 or 11, of the Montana constitution, the board and the department shall consider the ordinances of the appropriate city or town or the resolutions of the appropriate county regarding:   (a) a growth policy or a neighborhood plan adopted pursuant to Title 76, chapter 1;   (b) zoning regulations;   (c) subdivision review as provided in Title 76, chapter 3;   (d) annexation;   (e) plans for the extension of services; and   (f) other actions related to local planning.   (2) The board shall cause correct maps and plats of the lands to be made and recorded after being surveyed. A fee may not be charged by the county recorder or by any city officer for filing or recording the maps or plats when recorded on behalf of the state.   (3) Before the lands are offered for sale the lands must be appraised, with a separate appraisal to be placed on each lot. The surveyed and platted land may then be sold in the same manner and upon the same terms and conditions as other state lands are sold.   History: En. Sec. 67, Ch. 60, L. 1927; re-en. Sec. 1805.67, R.C.M. 1935; R.C.M. 1947, 81-904; amd. Sec. 3, Ch. 335, L. 2005.
MT Code § 77-2-311 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-311. Survey and plat of shore lands

  77-2-311. Survey and plat of shore lands. The board may cause any part of the lands bordering on lakes described in 77-2-303(2) and on navigable streams that are reserved from sale to be surveyed and platted into blocks and lots. The lots may not be less than 125 feet in width, measured in the general direction of the abutting water front, except that any former cabin or home sites proposed for sale or sold by the board may possess a width less than 125 feet. In all surveys and plats the strip of 100 feet in width along the water front, referred to in 77-2-303(2)(a), must be reserved for the use and enjoyment of the public. Cabin sites or home sites bordering on meandered lakes or navigable streams may be surveyed and sold consistent with the procedures provided in 77-2-361 through 77-2-367.   History: En. Sec. 66, Ch. 60, L. 1927; re-en. Sec. 1805.66, R.C.M. 1935; amd. Sec. 7, Ch. 257, L. 1965; R.C.M. 1947, 81-903(part); amd. Sec. 6, Ch. 18, L. 1999; amd. Sec. 2, Ch. 422, L. 2013.
MT Code § 77-2-312 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-312. Repealed

  77-2-312. Repealed. Sec. 18, Ch. 355, L. 2003.   History: En. Sec. 68, Ch. 60, L. 1927; re-en. Sec. 1805.68, R.C.M. 1935; amd. Sec. 41, Ch. 100, L. 1973; R.C.M. 1947, 81-905(part); amd. Sec. 1, Ch. 155, L. 1993.
MT Code § 77-2-313 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-313. Land subject to taxation

  77-2-313. Land subject to taxation. (1) State lands purchased from the state are subject to taxation. The department of revenue shall assess the purchaser for the full value of the land on January 1 following the date of purchase. The holder of certificates of purchase to lands within an irrigation district is liable for the entire irrigation district tax levied against the land.   (2) The improvements on the land must be assessed and taxed as other improvements on farm lands.   (3) On or before January 15 of each year, the department shall furnish the department of revenue with a complete list of all state lands sold in each county during the previous calendar year. This list must show the name and address of the purchaser, the legal description of the land, and the acreage contained in the purchase.   History: En. Sec. 92, Ch. 60, L. 1927; re-en. Sec. 1805.92, R.C.M. 1935; amd. Sec. 1, Ch. 107, L. 1953; amd. Sec. 52, Ch. 391, L. 1973; amd. Sec. 67, Ch. 428, L. 1973; amd. Sec. 7, Ch. 388, L. 1975; R.C.M. 1947, 81-928; amd. Sec. 143, Ch. 27, Sp. L. November 1993.
MT Code § 77-2-314 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-314. Reversion of lands to state

  77-2-314. Reversion of lands to state. If any lands sold under this title revert to the state for any reason, the department shall notify the department of revenue and the county treasurer of the county in which the land is situated of that fact. Upon the receipt of the notice, the department of revenue shall cancel any assessment of the land for that year, and the county treasurer shall cancel all tax liens against the land.   History: En. Sec. 94, Ch. 60, L. 1927; re-en. Sec. 1805.94, R.C.M. 1935; amd. Sec. 53, Ch. 391, L. 1973; amd. Sec. 68, Ch. 428, L. 1973; R.C.M. 1947, 81-930.
MT Code § 77-2-315 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-315. Participation in irrigation districts -- lien status of land

  77-2-315. Participation in irrigation districts -- lien status of land. (1) A purchaser of state lands is authorized and empowered to sign any petition that the purchaser may desire to sign for the creation of an irrigation district and the inclusion of the land purchased from the state in the irrigation district and any other petition relating to irrigation districts affecting the land purchased by the person from the state. The petition or petitions have the effect of making all the interest that the person then has in the land purchased from the state and all interest that the person may subsequently acquire in the land subject to the same liens and charges as privately owned lands under the irrigation district. If for any reason the person's certificate to the state lands and the person's rights under the certificate are canceled and the certificate is reinstated or a new certificate is issued, the liens and charges are valid against the interest in the lands of the holder of the certificate.   (2) The board for and on behalf of the state of Montana may sign a petition for the inclusion of any lands belonging to the state in an irrigation district organized or to be organized for the purpose of cooperating with the United States under the federal reclamation laws or any act of congress relating to reclamation projects and to sign any petition for the execution of a contract between the district and the United States. The interest of the state in any lands within an irrigation district is not subject to assessment or taxation for any purpose, and the state is not liable for the payment of any costs or charges arising from the fact that its lands are included within an irrigation district.   (3) The interest of a purchaser of state lands in the land purchased is subject to the same liens as other real estate. However, in the case of sale, only the interest of the purchaser or of the assignee may be sold. In the case of any sale under the provisions of this section, including the sale for taxes, the purchaser shall succeed to all the rights of the purchaser from the state under the certificate of purchase and a new certificate of purchase must be issued to the person entitled to the certificate upon satisfactory proof being submitted to the board. In the case of sale under execution or court decree, the new certificate of purchase may not be issued by the board until the period of redemption from the sale has expired and the sheriff's deed has been issued. In the case of sale for taxes, the new certificate may not be issued until the tax deed has been issued.   History: En. Sec. 93, Ch. 60, L. 1927; amd. Sec. 1, Ch. 58, L. 1929; re-en. Sec. 1805.93, R.C.M. 1935; R.C.M. 1947, 81-929; amd. Sec. 2546, Ch. 56, L. 2009.
MT Code § 77-2-316 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-316. Repealed

  77-2-316. Repealed. Sec. 4, Ch. 157, L. 1981.   History: En. Sec. 56, Ch. 60, L. 1927; amd. Secs. 1, 2, 3 and 4, Ch. 37, Ex. L. 1933; re-en. Sec. 1805.56, R.C.M. 1935; amd. Sec. 1, Ch. 80, L. 1945; amd. Sec. 52, Ch. 428, L. 1973; R.C.M. 1947, 81-801(1), (5), (6).
MT Code § 77-2-318 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-318. Sale of leased cabin or home sites

  77-2-318. Sale of leased cabin or home sites. (1) (a) The board shall, consistent with the board's constitutional fiduciary duty of attaining full market value, make available for sale within a reasonable period of time as provided in this part those lands that were state land cabin or home sites on May 6, 2013, at the request of a lessee or an improvement owner and with the consent of any mortgagee or other owner of an interest in the cabin or home site improvements, only if the requested sale is consistent with the board's constitutional fiduciary duty of attaining full market value and with the provisions of this part and if the sale is approved by the board.   (b) (i) The disposition of proceeds of any sale of state land property pursuant to this section must comply with the provisions of 77-2-337.   (ii) The proceeds of any sale of cabin site improvements pursuant to this part must go to the owner of record of the improvements.   (2) The sale of a cabin or home site is exempt from the subdivision laws, except that the development of any new or additional water supply or sewage disposal system on the property must be approved pursuant to the review procedure, fee, and other requirements of Title 76, chapter 4, part 1.   (3) The board may adopt rules to ensure that the sales process authorized pursuant to this section is orderly and consistent with its constitutional fiduciary duties and that the number of leased cabin or home sites made available for sale at any given time is consistent with the board's constitutional duty of attaining full market value.   (4) Upon a sale of a cabin or home site, the board may:   (a) grant a permanent easement across state lands to secure access using current routes; or   (b) convey an appurtenant, nonexclusive easement to the property from the nearest public road if:   (i) the board has authority to grant the easement; and   (ii) the conveyance of the easement does not overburden a right-of-way held by the board.   (5) The appraised value and minimum bid for a cabin or home site must include the value of the easement granted pursuant to subsection (4).   (6) For purposes of this section, "cabin site improvements" has the meaning provided in 77-2-317.   History: En. Sec. 3, Ch. 602, L. 1989; amd. Sec. 76, Ch. 472, L. 1997; amd. Sec. 4, Ch. 401, L. 2011; amd. Sec. 3, Ch. 422, L. 2013; amd. Sec. 1, Ch. 268, L. 2015; amd. Sec. 1, Ch. 184, L. 2017.
MT Code § 77-2-319 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-319. Repealed

  77-2-319. Repealed. Sec. 5, Ch. 401, L. 2011.   History: En. Sec. 4, Ch. 602, L. 1989.
MT Code § 77-2-320 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-320. Repealed

  77-2-320. Repealed. Sec. 7, Ch. 422, L. 2013.   History: En. Sec. 5, Ch. 602, L. 1989.
MT Code § 77-2-321 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-321. Sales to be at public auction

  77-2-321. Sales to be at public auction. All sales of state lands shall be only at public auction held at the county courthouse of the county in which the lands are located. In case no suitable room can be found in such courthouse at the time for holding the sale, then the sale may be transferred to a more convenient place within a reasonable distance of such courthouse by public announcement made at the courthouse at the time fixed for beginning the sale.   History: En. Sec. 72, Ch. 60, L. 1927; re-en. Sec. 1805.72, R.C.M. 1935; amd. Sec. 3, Ch. 184, L. 1961; R.C.M. 1947, 81-909.