2023 Montana Code Annotated › Title 85. Water Use › Chapter 1. Water Resources › Part 8. Lease Management Program › 85-1-812. Sale of leased cabin or home sites -- rulemaking

85-1-812. Sale of leased cabin or home sites -- rulemaking.
(1) (a) Subject to subsection (7), the department shall make available for sale within a reasonable period of time project lands that are state land cabin or home sites on October 1, 2021, 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. The sale must attain full market value.
(b) 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 department may adopt rules to ensure the sales process authorized pursuant to 85-1-812 and 85-1-813 is orderly and attains full market value for the sale of a cabin or home site.
(4) On a sale of a cabin or home site, the department 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 department has authority to grant the easement; and
(ii) the conveyance of the easement does not overburden a right-of-way held by the state.
(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) (a) The lessee of the cabin or home site nominated for sale has the preference to match the high bid. If the lessee matches the high bid, bidding is reopened to all bidders, with the lessee retaining the right of preference to match the ultimate high bid and be awarded the sale.
(b) The current lessee of the cabin or home site who initiated the sale may cancel the sale by giving notice to the department at least 10 days prior to the day of the auction. When the sale is cancelled by the lessee, the lessee shall pay the costs incurred by the department for the preparation of the sale.
(c) For the sale of a cabin or home site, the department shall prepare and assume the cost of the land survey. The department may allow the survey to be paid for in advance by the lessee or the owner of any improvements if the survey is contracted through the department according to department specifications. If the parcel is sold but the purchaser is other than the lessee or the owner of the improvements, the cost of the survey must be included in the actual costs at closing, and the department shall refund the cost of the survey to the former lessee or the owner of the improvements.
(d) The department shall transfer water rights that are appurtenant to the cabin or home site to the purchaser on completion of the sale.
(e) The sale of a cabin or home site is exempt from the provisions of Title 75, chapter 1, parts 1 through 3.
(f) For purposes of this section, "cabin site improvements" has the meaning provided in 85-1-813.
(7) Before January 1, 2022, the department shall determine what cabin sites would be adversely affected by an expansion of a state water project. Lessees of those lots may not request them to be sold pursuant to this section.
History: En. Sec. 1, Ch. 378, L. 2021.