reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 3. Sales › 77-2-345. Limitation for cancellation of patent

77-2-345. Limitation for cancellation of patent.
No action shall be brought to vacate or cancel any patent issued by the state after the expiration of 2 years from the date of such patent except upon the ground of fraud.
History: En. Sec. 97, Ch. 60, L. 1927; re-en. Sec. 1805.97, R.C.M. 1935; R.C.M. 1947, 81-933.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 3. Sales › 77-2-351. Sale to or exchange of property with public entity

77-2-351. Sale to or exchange of property with public entity.
Notwithstanding any other section in this chapter, any lands may be sold to or exchanged for other land or for other consideration with another public entity on terms and in a 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. In the case of land that is not granted to or held by the state in trust for the support of the common schools, for a state institution, or for another specific purpose, the board may accept as partial or total consideration for the transfer of the land a binding commitment by the transferee to use the property to provide a community service or a benefit that fulfills a public purpose. The sale or exchange of the property may not be finally concluded until 60 days' public notice of the terms of the proposed sale or exchange has been given. As used in this section, "public entity" means any county, city, municipal corporation, school district, regional water authority provided for in Title 75, chapter 6, part 3, or special improvement or taxing district.
History: En. Sec. 1, Ch. 264, L. 1991; amd. Sec. 1, Ch. 272, L. 1995; amd. Sec. 2, Ch. 141, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 3. Sales › 77-2-361. Definitions

77-2-361. Definitions.
As used in 77-2-361 through 77-2-367, the following definitions apply:
(1) "Isolated parcel" means any state land not possessing a legal right of access by the public.
(2) "Land banking" means a process of selling various parcels of state land and using the proceeds from the sales to purchase other land, easements, or improvements that are likely to provide greater or equal trust revenue, as may be reasonably expected over a 20-year accounting period with an acceptable level of risk, for the affected trust and to diversify the land holdings of the various trusts.
History: En. Sec. 11, Ch. 355, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 3. Sales › 77-2-362. State land bank fund -- statutory appropriation -- rules

77-2-362. State land bank fund -- statutory appropriation -- rules.
(1) There is a state land bank fund. The proceeds from the sale of state trust land authorized by 77-2-361 through 77-2-367 must be deposited into the state land bank fund. The purpose of the state land bank fund is to temporarily hold proceeds from the sale of trust land pending the purchase of other land, easements, or improvements for the benefit of the beneficiaries of the respective trusts. A separate record of the proceeds received from the sale of trust land for each of the respective trusts must be maintained. Proceeds from the sale of lands that are part of a trust land grant may be used only to purchase land for the same trust.
(2) (a) Proceeds deposited in the state land bank fund, except earnings on those proceeds, are statutorily appropriated, as provided in 17-7-502, to the department for the purposes described in 77-2-361 through 77-2-367. All earnings on the proceeds deposited in the state land bank fund are subject to the provisions of Article X, sections 5 and 10, of the Montana constitution.
(b) Funds appropriated from the trust land administration account provided for in 77-1-108 may be used by the department to fund the transactional costs of buying, selling, appraising, or marketing real property. Transactional costs may include realtor's fees, title reports, title insurance, legal fees, and other costs that may be necessary to complete a conveyance of real property.
(c) Proceeds from the sale of lands held 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, may not be used for any transactional costs or trust administration purposes for those lands.
(d) The department may hold proceeds from the sale of state land in the state land bank fund for a period not to exceed 10 years after the effective date of each sale. If, by the end of the 10th year, the proceeds from the subject land sale have not been encumbered to purchase other lands, easements, or improvements within the state, the proceeds from that sale must be deposited in the public school fund or in the permanent fund of the respective trust as required by law, along with any earnings on the proceeds from the land sale, unless the time period is extended by the legislature.
(3) The board shall adopt rules providing for the implementation and administration of the state land bank fund, purchases, and sales.
History: En. Sec. 12, Ch. 355, L. 2003; amd. Sec. 115, Ch. 2, L. 2009; amd. Sec. 20, Ch. 465, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 3. Sales › 77-2-365. Right of access not created

77-2-365. Right of access not created.
Nothing in 77-2-361 through 77-2-367 creates any express or implied right of access, right-of-way, or easement for the benefit of the board, the department, or any purchaser of state land over or through any other property.
History: En. Sec. 15, Ch. 355, L. 2003.