reglab/housing_qa huggingface dataset:
MT Code § 77-2-322 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-322. Notice of sale

  77-2-322. Notice of sale. (1) The department shall give notice of each sale by publication in a newspaper of general circulation in the county where the sale is to be held, once each week through the 4 consecutive weeks preceding the date of sale. The notice shall give the day, date, and time of the beginning of the sale and contain a list of all the tracts to be offered for sale showing the township and range in which they are located, describing them with reference to section number and subdivision of the section or with reference to block and lot if surveyed, the number of acres in unplatted lands, and the appraised value per acre and the appraised value of each lot. As a general rule, nonirrigable farming lands shall be listed in quarter sections; grazing lands may be listed in larger tracts not exceeding one section.   (2) For the convenience of the bidders, the department may assign to the tracts advertised a consecutive series of sales numbers and show the sales number of each tract in the notice of sale.   (3) The notice shall also give the terms and conditions of sale and any additional information the department considers useful.   History: En. Sec. 73, Ch. 60, L. 1927; re-en. Sec. 1805.73, R.C.M. 1935; amd. Sec. 4, Ch. 184, L. 1961; amd. Sec. 57, Ch. 428, L. 1973; R.C.M. 1947, 81-910.
MT Code § 77-2-323 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-323. Sale procedure and limitation

  77-2-323. Sale procedure and limitation. (1) At the time fixed for the sale, state land must be offered for sale at auction in the order that the land appears in the notice of sale. Under the direction of the department, the state land must be sold to the highest qualified bidder. State land may not be sold for less than the value determined by the board after appraisal by a qualified land appraiser.   (2) The state land must be sold as nearly as practicable according to the subdivisions in which it is advertised, and care must be taken not to subdivide any tract in such a way as to separate remaining portions from a water supply or from section lines or public highways.   (3) The sale may be adjourned from day to day until all the state land advertised has been offered for sale.   History: En. Sec. 75, Ch. 60, L. 1927; amd. Sec. 1, Ch. 177, L. 1933; re-en. Sec. 1805.75, R.C.M. 1935; amd. Sec. 5, Ch. 184, L. 1961; amd. Sec. 58, Ch. 428, L. 1973; R.C.M. 1947, 81-912(part); amd. Sec. 4, Ch. 136, L. 1983; amd. Sec. 58, Ch. 422, L. 1997; amd. Sec. 8, Ch. 355, L. 2003.
MT Code § 77-2-324 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-324. Preference to lessee of land

  77-2-324. Preference to lessee of land. The lessee of the land need not make a higher bid than others, but the lessee has the option to match the high bid and must be given the preference. If the lessee matches the high bid, bidding must be reopened to all bidders, with the lessee retaining the right of preference to match the ultimate high bid and be awarded the sale.   History: En. Sec. 75, Ch. 60, L. 1927; amd. Sec. 1, Ch. 177, L. 1933; re-en. Sec. 1805.75, R.C.M. 1935; amd. Sec. 5, Ch. 184, L. 1961; amd. Sec. 58, Ch. 428, L. 1973; R.C.M. 1947, 81-912(part); amd. Sec. 6, Ch. 602, L. 1989; amd. Sec. 2547, Ch. 56, L. 2009.
MT Code § 77-2-325 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-325. Settlement for improvements

  77-2-325. Settlement for improvements. Except for the sale of a cabin or home site, if any state land is sold on which there are improvements belonging to a lessee and some person other than the lessee is the purchaser, that person shall settle with the lessee for all improvements on the land belonging to the lessee before the issuance of the certificate of purchase. The provisions of 77-6-301 through 77-6-303 and 77-6-306 relating to the payment and settlement for improvements on state lands between a former lessee and a new lessee apply to the settlement between a lessee and the purchaser. If settlement is not reached within 6 months of the date of sale, all improvements become the property of the state unless the department for good cause shown grants both parties additional time in which to exhaust arbitration.   History: En. Sec. 83, Ch. 60, L. 1927; re-en. Sec. 1805.83, R.C.M. 1935; amd. Sec. 9, Ch. 257, L. 1965; amd. Sec. 61, Ch. 428, L. 1973; R.C.M. 1947, 81-919; amd. Sec. 4, Ch. 270, L. 2001; amd. Sec. 2, Ch. 268, L. 2015.
MT Code § 77-2-326 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-326. Time of possession

  77-2-326. Time of possession. In the case of lands under lease the purchaser shall be given possession by the state on March 1 next succeeding the date of sale and not before unless the lease expires prior to that date, except through special agreement between the purchaser and the lessee.   History: En. Sec. 84, Ch. 60, L. 1927; re-en. Sec. 1805.84, R.C.M. 1935; R.C.M. 1947, 81-920.
MT Code § 77-2-327 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-327. Certificate of purchase

  77-2-327. Certificate of purchase. (1) Upon the approval of the sale and receipt of satisfactory evidence of settlement with the former lessee, if any, for improvements on the land, the department shall execute and mail to the purchaser a certificate of purchase signed by the governor as president of the board and by the director of the department and attested by the seal of the board. The certificate of purchase must contain the date of sale, the name and post-office address of the purchaser, a description of the land, the total purchase price, the amount paid on the day of sale, the balance unpaid, and the amount and due date of each installment of principal and interest to the time of maturity. The certificate must reserve the easements for rights-of-way granted by the statutes in favor of the United States and other easements that have been granted by the board and must contain the reservations in favor of the state provided for in 77-2-304 relating to coal, oil, and mineral rights in the land.   (2) The certificate must also contain information regarding the lien of the state on crops and improvements on the land; installments of principal, interest, and taxes; and any additional conditions, agreements, and information that the board considers necessary in order to carry out the intent of this part.   History: En. Sec. 85, Ch. 60, L. 1927; re-en. Sec. 1805.85, R.C.M. 1935; amd. Sec. 62, Ch. 428, L. 1973; R.C.M. 1947, 81-921; amd. Sec. 2, Ch. 157, L. 1981; amd. Sec. 321, Ch. 418, L. 1995.
MT Code § 77-2-328 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-328. Additional rules -- deposit of fees

  77-2-328. Additional rules -- deposit of fees. The board may prescribe any additional rules for the conduct of sales of state land as in its judgment the interests of the state may demand. The rules may not include a deduction of fees from land granted to the state pursuant to the Morrill Act of 1862, 7 U.S.C. 301 through 308, and the Morrill Act of 1890, 7 U.S.C. 321 through 329. Any fees collected by a rule adopted pursuant to this section must be deposited in the trust land administration account as provided in 77-1-109.   History: En. Sec. 76, Ch. 60, L. 1927; re-en. Sec. 1805.76, R.C.M. 1935; R.C.M. 1947, 81-913; amd. Sec. 59, Ch. 422, L. 1997; amd. Sec. 9, Ch. 355, L. 2003; amd. Sec. 10, Ch. 247, L. 2007; amd. Sec. 19, Ch. 465, L. 2009.
MT Code § 77-2-329 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-329. Terms of payment

  77-2-329. Terms of payment. (1) A purchaser of state land shall pay on the day of sale that portion of the purchase price that the purchaser desires, but not less than 10% of the total sales price. If the balance on the purchase price is not an exact multiple of $25, the purchaser shall pay the additional sum that is necessary to reduce the balance to an even multiple of $25.   (2) The purchaser shall pay the balance of the purchase price within 30 days. The department may extend this deadline up to 30 additional days for good cause.   History: En. Sec. 79, Ch. 60, L. 1927; re-en. Sec. 1805.79, R.C.M. 1935; amd. Sec. 1, Ch. 149, L. 1939; amd. Sec. 8, Ch. 257, L. 1965; amd. Sec. 10, Ch. 22, L. 1971; amd. Sec. 59, Ch. 428, L. 1973; amd. Sec. 1, Ch. 191, L. 1974; R.C.M. 1947, 81-915; amd. Sec. 1, Ch. 104, L. 1987; amd. Sec. 1, Ch. 488, L. 1991; amd. Sec. 2548, Ch. 56, L. 2009.
MT Code § 77-2-330 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-330. Computation of interest and payment schedule

  77-2-330. Computation of interest and payment schedule. The balance of the purchase price shall draw interest from the date on which the sale was confirmed and approved by the board, and all installments on principal and interest shall become due and payable on that date in each succeeding year until payment has been made in full.   History: En. Sec. 86, Ch. 60, L. 1927; re-en. Sec. 1805.86, R.C.M. 1935; R.C.M. 1947, 81-922.
MT Code § 77-2-331 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-331. Manner of making payments

  77-2-331. Manner of making payments. (1) The department is not required to accept fractional payments of the installments on certificate of purchase on account of the complications arising from the division of payments.   (2) The purchaser may make payment of one or more installments before the same becomes due, but unless such payments are made at least 6 months before the installments become due, no reduction may be made in the interest payments. If installments on principal and interest are paid more than 6 months prior to the due date, the interest from the date of such payment shall be figured upon the balance of the principal unpaid after the advance payment has been made up to the date on which it comes due.   (3) If for any reason any installment is not paid when due, the total of that installment, including payment on the principal and payment on interest, shall draw penalty interest at the rate of 6% per annum from the date due until the date actually paid.   (4) Payment may be made in full at any time before maturity by paying the balance on the principal and interest accrued up to the date of such payment.   History: En. Sec. 87, Ch. 60, L. 1927; re-en. Sec. 1805.87, R.C.M. 1935; amd. Sec. 63, Ch. 428, L. 1973; R.C.M. 1947, 81-923.
MT Code § 77-2-332 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-332. Procedure in case of default

  77-2-332. Procedure in case of default. (1) If a purchaser or assignee of state land defaults for a period of 30 days or more in the payment of any of the installments due on the certificate of purchase, the certificate is subject to cancellation. The department shall mail to the purchaser at the purchaser's last-known post-office address a notice of default and pending cancellation. The notice must give the purchaser 60 additional days from the date of mailing the notice in which to make payment of the delinquent installment or installments with penalty interest.   (2) If the purchaser fails to make the payment within 60 days, the certificate of purchase from that date and without further notice is void, the duplicate of the certificate in the office of the department must be canceled, and the land under the certificate reverts to and becomes the property of the state to the same extent as other state lands and must be open to lease and sale.   (3) All buildings, fences, and other improvements placed on the land subsequent to the date of execution of the certificate of purchase must be and remain the property of the purchaser named in the certificate of purchase or of the purchaser's heirs, assigns, or devisees and may be removed from the land at any time within 90 days after the date of the cancellation. If the buildings, fences, and other improvements are not removed prior to the expiration of the 90-day period, they become the property of the state.   (4) In case of cancellation of certificate of purchase or surrender of certificate of purchase and when the land is again open to lease, the former lessee has the prior right to lease the tract at the existing rate or at the rate set by competitive bidding if bidding occurs.   History: En. Sec. 88, Ch. 60, L. 1927; re-en. Sec. 1805.88, R.C.M. 1935; amd. Sec. 4, Ch. 141, L. 1939; amd. Sec. 1, Ch. 159, L. 1951; amd. Sec. 64, Ch. 428, L. 1973; R.C.M. 1947, 81-924; amd. Sec. 2549, Ch. 56, L. 2009.
MT Code § 77-2-333 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-333. Reinstatement of canceled certificates of purchase

  77-2-333. Reinstatement of canceled certificates of purchase. (1) In all cases in which a certificate of purchase of state lands has been canceled and annulled as provided by law and the lands under the certificate have not been resold to another purchaser, the board may in its discretion reinstate the canceled certificate upon:   (a) proper application made in writing by the original purchaser or the original purchaser's heirs, assigns, or devisees, filed within 1 year and 6 months from the cancellation;   (b) payment of all delinquent installments of principal and interest on the certificate, together with penalty interest at the rate of 6% a year upon all delinquent installments from the date due until the date of actual payment; and   (c) the furnishing of proof from the county treasurer showing that there are no tax liens against the land.   (2) This reinstatement does not have the effect of canceling any lease that the state may have issued on the land or affecting any of the provisions of the lease.   History: En. Sec. 89, Ch. 60, L. 1927; amd. Sec. 1, Ch. 101, L. 1929; re-en. Sec. 1805.89, R.C.M. 1935; R.C.M. 1947, 81-925; amd. Sec. 2550, Ch. 56, L. 2009.
MT Code § 77-2-334 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-334. Assignment of certificate

  77-2-334. Assignment of certificate. Certificates of purchase may be assigned to a citizen of the United States or to a person who has declared an intention to become a citizen or to a corporation organized under the laws of this state. These assignments must be made on forms prescribed by the department, must be duly acknowledged as other conveyances of real estate, and must be executed in duplicate with one copy to be filed and retained in the office of the department and one copy to be retained by the assignee. A person is not qualified to receive an assignment if the lands that the person has already purchased from the state, together with the lands included in the assignment, exceed one section. The assignee must in all respects possess the same qualifications as an original purchaser.   History: En. Sec. 90, Ch. 60, L. 1927; re-en. Sec. 1805.90, R.C.M. 1935; amd. Sec. 65, Ch. 428, L. 1973; R.C.M. 1947, 81-926; amd. Sec. 2551, Ch. 56, L. 2009.
MT Code § 77-2-335 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-335. Lost certificate

  77-2-335. Lost certificate. If a certificate of purchase to state land is lost or is wrongfully withheld by any person from the owner of the land, the rightful owner may apply to the board for the issuance of a substitute certificate. This application must be accompanied by an affidavit from the owner of the certificate setting forth the facts in regard to the loss or unlawful withholding of the certificate and by a certificate from the county clerk and recorder of the county in which the land is located showing all instruments of record in the clerk and recorder's office affecting the title to the land under the certificate. The board shall issue a substitute certificate of purchase to the applicant if in the judgment of the board the facts warrant its issue.   History: En. Sec. 91, Ch. 60, L. 1927; re-en. Sec. 1805.91, R.C.M. 1935; amd. Sec. 66, Ch. 428, L. 1973; R.C.M. 1947, 81-927; amd. Sec. 2552, Ch. 56, L. 2009.
MT Code § 77-2-336 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-336. Lien on improvements and crops for amount due state

  77-2-336. Lien on improvements and crops for amount due state. (1) The state has a lien prior and superior to all other liens, except thresher's liens and seed liens as specified in 71-3-701 and 71-3-801, that have priority, but only for the aggregate amount of the indebtedness then existing, including any advances made, interest due, and other charges, as evidenced by the original loan contract and indebtedness accumulating on that basis, exclusive of any other future advances originally contemplated. This lien is upon all buildings, structures, fences, and other improvements upon the land sold and upon all crops growing upon any of the land and also upon crops after they have been separated from the land for all due and delinquent installments of principal and interest and penalty interest and taxes under the certificate of purchase and also for all installments becoming due during the calendar year in which the crop is harvested, and this lien is expressly reserved.   (2) Any person purchasing or otherwise acquiring the improvements or crops or any part of the improvements or crops takes them subject to the lien.   (3) Any representative of the department or the sheriff of the county in which the land is located or the sheriff's deputy may demand of the purchaser or the purchaser's agent payment of the amounts due the state, and if they are not paid upon demand, the officer making the demand or any representative of the department may immediately seize the improvements and crops and, upon giving 3 days' notice, sell and dispose of, either at private or public sale, sufficient of the crops or improvements or of both to pay the amounts due the state, together with cost and expenses of seizure and sale.   History: En. Sec. 81, Ch. 60, L. 1927; re-en. Sec. 1805.81, R.C.M. 1935; amd. Sec. 60, Ch. 428, L. 1973; R.C.M. 1947, 81-917; amd. Sec. 2553, Ch. 56, L. 2009.
MT Code § 77-2-337 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-337. Disposition of sale proceeds

  77-2-337. Disposition of sale proceeds. (1) Except as provided in 77-2-362 and subsection (3) of this section, the proceeds from the state land sold, including all subsequent payments on the principal, must be credited to the permanent fund arising from the grant to which it belongs and must become and forever remain an inseparable and inviolable part of the permanent fund.   (2) All payments on interest must be credited to the proper income fund and must be available for use as provided by law.   (3) (a) Proceeds from the sale of any state trust land, as authorized by 77-2-361 through 77-2-367, must be deposited into the state land bank fund established in 77-2-362 to be used for the purposes described in 77-2-362 and 77-2-364 for the long-term financial benefit of the beneficiaries for whom the funds were deposited.   (b) If the proceeds from the sale of state trust land, as authorized by 77-2-361 through 77-2-367, are not used for the purposes described in 77-2-362 and 77-2-364, the proceeds from the sale and any earnings on the proceeds must be deposited pursuant to subsection (1) of this section.   History: En. Sec. 75, Ch. 60, L. 1927; amd. Sec. 1, Ch. 177, L. 1933; re-en. Sec. 1805.75, R.C.M. 1935; amd. Sec. 5, Ch. 184, L. 1961; amd. Sec. 58, Ch. 428, L. 1973; R.C.M. 1947, 81-912(4); amd. Sec. 10, Ch. 355, L. 2003.
MT Code § 77-2-338 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-338. through 77-2-340 reserved

  77-2-338 through 77-2-340 reserved.
MT Code § 77-2-341 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-341. Patents

  77-2-341. Patents. When the purchase price has been paid in full together with interest according to the certificate, the owner thereof shall be entitled to receive a patent for the land under such certificate.   History: En. Sec. 95, Ch. 60, L. 1927; re-en. Sec. 1805.95, R.C.M. 1935; R.C.M. 1947, 81-931.
MT Code § 77-2-342 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-342. Execution of patents

  77-2-342. Execution of patents. (1) The governor and, in the governor's absence or inability, the lieutenant governor shall execute deeds or patents of conveyance transferring without covenants any lands sold by the board under the laws of this state when full payment has been made for the land.   (2) The deed or patent must be attested by the secretary of state, must be countersigned by the director of the department, and must have the great seal of the state and the seal of the board attached to the deed or patent but need not be acknowledged.   History: En. Sec. 96, Ch. 60, L. 1927; re-en. Sec. 1805.96, R.C.M. 1935; amd. Sec. 69, Ch. 428, L. 1973; R.C.M. 1947, 81-932(part); amd. Sec. 322, Ch. 418, L. 1995.
MT Code § 77-2-343 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-343. Patent provisions

  77-2-343. Patent provisions. (1) Such deed or patent shall contain the reservation of easements for rights-of-way to the United States, reservation of all minerals in the land as provided in 77-2-304, and all other reservations to which the particular land conveyed is subject.   (2) If the land is located within the boundaries of a federal irrigation project, the patent shall contain a lien clause substantially in the following form: The land hereby conveyed is located within the boundaries of a federal irrigation project and is subject to all liens which the United States may have thereon by reason of its being located under such irrigation project.   (3) This section does not require any reservation in a patent which was not an express or implied reservation in the certificate of purchase pursuant to which the patent is issued. The statutes in effect when such certificate of purchase was issued must govern.   History: En. Sec. 96, Ch. 60, L. 1927; re-en. Sec. 1805.96, R.C.M. 1935; amd. Sec. 69, Ch. 428, L. 1973; R.C.M. 1947, 81-932(part); amd. Sec. 3, Ch. 157, L. 1981.
MT Code § 77-2-344 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 2. Transfers and Reservations of Property Interests|Part 3. Sales|77-2-344. Copy of deed or patent as evidence

  77-2-344. Copy of deed or patent as evidence. A certified copy of the record of any such deed or patent shall be received in evidence in all courts of record of this state the same as the original.   History: En. Sec. 96, Ch. 60, L. 1927; re-en. Sec. 1805.96, R.C.M. 1935; amd. Sec. 69, Ch. 428, L. 1973; R.C.M. 1947, 81-932(part).