reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 1. General Provisions Related to Local Government › 7-8-105. Authorization to dispose of certain property in possession of local law enforcement

7-8-105. Authorization to dispose of certain property in possession of local law enforcement.
(1) The legislative body of a local government may, by ordinance or resolution, provide for the care, restitution, sale, donation, return, or destruction of unclaimed tangible personal property that may come into the possession of a peace officer or a law enforcement entity of the local government for which state law does not otherwise provide a procedure for disposition.
(2) At a minimum, the ordinance or resolution must provide:
(a) that unclaimed property valued at $20 or more must be held by the local government for a period of at least 3 months;
(b) a process by which the local government shall attempt to notify the legal owner of unclaimed property held in its possession;
(c) a process by which the local government may allow a finder of unclaimed personal property to take possession of that property if it remains unclaimed;
(d) that unclaimed property will be destroyed as allowed or required by local, state, or federal law, returned to the finder, donated, or otherwise sold at public auction to the highest bidder;
(e) that, at least 10 days prior to the time fixed for the destruction, return, donation, or sale at public auction of unclaimed property, notice of the planned disposal must be given by publication one time in a newspaper of general circulation; and
(f) that, upon proof of legal ownership, the local government shall restore the unclaimed property to its legal owner.
(3) After property has been destroyed, returned, donated, or sold at public auction, the property or the value of the property is not redeemable by the owner or another person entitled to possession.
History: En. Sec. 1, Ch. 295, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 2. Joint City-County Building › 7-8-201. Acquisition or construction and management of city-county building

7-8-201. Acquisition or construction and management of city-county building.
A city and a county may, by contract, construct, purchase, or lease and manage a city-county building to house the offices of city government and county government.
History: En. Sec. 1, Ch. 45, L. 1967; R.C.M. 1947, 11-4201.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 2. Joint City-County Building › 7-8-202. Contents of contract between city and county

7-8-202. Contents of contract between city and county.
The contract shall provide:
(1) for the proposed expenditure for the construction, purchase, or lease of the city-county building and the proposed cost of equipping and operating the building;
(2) for the management of the building by a method which will provide that the city and county shall each be represented and have an active part in the management of the building;
(3) that the management of the joint institution shall have such powers as will be necessary to accomplish the purposes of this part.
History: En. Sec. 2, Ch. 45, L. 1967; R.C.M. 1947, 11-4202(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 2. Joint City-County Building › 7-8-203. Division of cost

7-8-203. Division of cost.
The total cost of the joint institution shall be divided between the city and county in such manner as they shall determine.
History: En. Sec. 2, Ch. 45, L. 1967; R.C.M. 1947, 11-4202(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 2. Joint City-County Building › 7-8-204. Bonding authority undiminished

7-8-204. Bonding authority undiminished.
This part shall not be interpreted as modifying or diminishing the bonding authority of counties or cities as provided by law.
History: En. Sec. 3, Ch. 45, L. 1967; R.C.M. 1947, 11-4203.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 21. County Buildings and Equipment › 7-8-2101. Provision of rooms for county purposes

7-8-2101. Provision of rooms for county purposes.
The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to provide suitable rooms for county purposes when there are no necessary county buildings.
History: En. Subd. 7, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.6, R.C.M. 1935; R.C.M. 1947, 16-1006.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 21. County Buildings and Equipment › 7-8-2102. Erection and maintenance of county buildings

7-8-2102. Erection and maintenance of county buildings.
The board of county commissioners has jurisdiction and power, under the limitations and restrictions prescribed by law, to erect, furnish, equip, expand, improve, and maintain a courthouse, jail, health care facility, civic center, youth center, park buildings, museums, recreation centers, and any combination of those buildings and any other public buildings as may be necessary.
History: En. Subd. 9, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.8, R.C.M. 1935; amd. Sec. 1, Ch. 56, L. 1947; amd. Secs. 1, 2, Ch. 238, L. 1947; amd. Secs. 1, 2, Ch. 5, L. 1949; amd. Sec. 1, Ch. 76, L. 1957; amd. Sec. 1, Ch. 150, L. 1959; amd. Sec. 1, Ch. 130, L. 1973; R.C.M. 1947, 16-1008A(part); amd. Sec. 2, Ch. 520, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 21. County Buildings and Equipment › 7-8-2103. Authorization to create county building commission

7-8-2103. Authorization to create county building commission.
The board of county commissioners may create a building commission subject to the provisions of 7-1-201 through 7-1-203.
History: En. Subd. 9, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.8, R.C.M. 1935; amd. Sec. 1, Ch. 56, L. 1947; amd. Secs. 1, 2, Ch. 238, L. 1947; amd. Secs. 1, 2, Ch. 5, L. 1949; amd. Sec. 1, Ch. 76, L. 1957; amd. Sec. 1, Ch. 150, L. 1959; amd. Sec. 1, Ch. 130, L. 1973; R.C.M. 1947, 16-1008A(part); amd. Sec. 3, Ch. 520, L. 1995; amd. Sec. 4, Ch. 543, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 21. County Buildings and Equipment › 7-8-2104. Insurance of county buildings

7-8-2104. Insurance of county buildings.
The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to insure the county buildings in the name of and for the benefit of the county and shall have the power to use the proceeds of any insurance policy which may be paid by reason of a loss covered thereby for the purpose of rebuilding the structure lost or damaged or, if the fire insurance proceeds are less than $25,000, for building new structures or buildings.
History: En. Subd. 16, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.15, R.C.M. 1935; amd. Sec. 1, Ch. 116, L. 1953; R.C.M. 1947, 16-1018.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 21. County Buildings and Equipment › 7-8-2111. Inventory of county tools and equipment

7-8-2111. Inventory of county tools and equipment.
The board of county commissioners shall biennially prepare and file with the county clerk and recorder an inventory covering all county tools, machinery, and equipment.
History: En. Subd. 22, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.21, R.C.M. 1935; amd. Sec. 1, Ch. 144, L. 1949; R.C.M. 1947, 16-1024(part); amd. Sec. 1, Ch. 128, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 21. County Buildings and Equipment › 7-8-2112. Written agreements for loan or lease of county tools and equipment

7-8-2112. Written agreements for loan or lease of county tools and equipment.
Whenever county tools, machinery, or equipment are loaned or leased to private individuals, firms, associations, organizations, or corporations, they shall execute a written agreement stating the purpose of such loan or lease, the compensation to be paid the county, and that such tools, machinery, and equipment will be returned in good condition.
History: En. Subd. 22, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.21, R.C.M. 1935; amd. Sec. 1, Ch. 144, L. 1949; R.C.M. 1947, 16-1024(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2201. Authorization for county to obtain personal property

7-8-2201. Authorization for county to obtain personal property.
The board of county commissioners may, subject to the provisions of this part, purchase, receive by donation, or lease any personal property necessary for the use of the county.
History: En. Subd. 8, Sec. 1, Ch. 100, L. 1931; amd. Sec. 1, Ch. 74, L. 1933; re-en. Sec. 4465.7, R.C.M. 1935; R.C.M. 1947, 16-1007(part); amd. Sec. 1, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2202. Repealed

7-8-2202. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. Subd. 8, Sec. 1, Ch. 100, L. 1931; amd. Sec. 1, Ch. 74, L. 1933; re-en. Sec. 4465.7, R.C.M. 1935; R.C.M. 1947, 16-1007(part); amd. Sec. 1, Ch. 346, L. 1983; amd. Sec. 1, Ch. 430, L. 2003; amd. Sec. 1, Ch. 427, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2210. Repealed

7-8-2210. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. Sec. 1, Ch. 130, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2211. Authorization to sell and exchange county property

7-8-2211. Authorization to sell and exchange county property.
(1) Boards of county commissioners of this state may, subject to the provisions of this part, sell, trade, or exchange any personal property, however acquired, belonging to the county that is not necessary to the conduct of county business or the preservation of its property.
(2) Whenever a county purchases equipment, as provided in 7-5-2301 and 7-5-2303 through 7-5-2308, county equipment that is not necessary to the conduct of the county business may be traded in as part of the purchase price after appraisal, as provided in 7-8-2214, or may be sold at public auction, as provided in 7-8-2212, in the discretion of the board.
(3) Any sale, trade, or exchange of personal property must be accomplished under the provisions of this title.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(part); amd. Sec. 1, Ch. 547, L. 1983; amd. Sec. 1, Ch. 202, L. 1999; amd. Sec. 3, Ch. 239, L. 1999; amd. Sec. 2, Ch. 314, L. 2015; amd. Sec. 2, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2212. Notice of sale and public auction required for certain sales

7-8-2212. Notice of sale and public auction required for certain sales.
Unless otherwise provided, if personal property to be sold is reasonably of a value in excess of $2,500, the sale must be at public auction at a site determined by the board of county commissioners after notice by publication as provided in 7-1-2121.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(part); amd. Sec. 2, Ch. 346, L. 1983; amd. Sec. 11, Ch. 349, L. 1985; amd. Sec. 1, Ch. 74, L. 1995; amd. Sec. 2, Ch. 202, L. 1999; amd. Sec. 3, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2213. Terms of sale

7-8-2213. Terms of sale.
(1) A sale under this part must be for cash or on terms that the board of county commissioners may approve, provided that at least 20% of the purchase price is paid in cash. All deferred payments on the purchase price of any personal property sold must bear interest at the rate of 6% a year, payable annually, and may be extended over a period of not more than 5 years.
(2) A sale may not be made at public auction or to any school district without public auction for less than 90% of the appraised value.
(3) The title to any property sold under the provisions of this part may not pass from the county until the purchaser or the purchaser's assigns have paid the full amount of the purchase price into the county treasury for the use and benefit of the county.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(part); amd. Sec. 3, Ch. 202, L. 1999; amd. Sec. 4, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2214. Appraisal required for certain sales

7-8-2214. Appraisal required for certain sales.
Unless otherwise provided:
(1) in all sales of property of a value in excess of $2,500, there must, before any sale, be an appraisal thereof by the board and at a price representing a fair market value of such property. Such appraised value shall be stated in the notice of sale.
(2) no sale shall be made at public auction or to any school district without public auction of any property unless it has been appraised within 3 months prior to the date of the sale.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(part); amd. Sec. 3, Ch. 346, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2215. Procedure to challenge appraised value

7-8-2215. Procedure to challenge appraised value.
(1) A taxpayer who believes that the appraised value under 7-8-2214 is less than the actual value of the property may, at any time before the day fixed for the sale of the property, file with the board of county commissioners written objections to the appraised value.
(2) When an objection is filed, it vacates the sale and the board shall at once apply to the judge of the district court to have the property reappraised.
(3) (a) Upon application, the district judge shall appoint for purpose of reappraisal three disinterested persons or a disinterested certified real estate appraiser. Each appraiser, when appointed by the district judge and after filing the appraisal report with the county clerk and recorder, must be allowed necessary and actual expenses as determined by the judge.
(b) The appraisal of the persons appointed under subsection (3)(a) must be made and filed with the county clerk and recorder. The new appraisal or reappraisal must be used in the next sale of the property.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(part); amd. Sec. 16, Ch. 291, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2216. Sale of county property to school district

7-8-2216. Sale of county property to school district.
(1) The board of county commissioners shall have the power to sell directly to the school district, without the necessity of a public auction, any personal property, however acquired, that belongs to the county and that is not necessary to the conduct of the county's business or the preservation of its property, for its appraised value, which must represent a fair market value of the property.
(2) If the property to be sold to the school district is reasonably of a value in excess of $2,500, notice of the sale must be given by publication as provided in 7-1-2121.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(2); amd. Sec. 4, Ch. 346, L. 1983; amd. Sec. 12, Ch. 349, L. 1985; amd. Sec. 5, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2217. Procedure for sale of property of lesser value

7-8-2217. Procedure for sale of property of lesser value.
(1) If personal property to be sold is valued at less than $2,500, it may be sold at either a public or private sale as the board of county commissioners determines to be to the best interests of the county.
(2) If the property is sold at public sale, notice must be given as provided in 7-1-2121.
(3) The board may, after a public hearing noticed as provided in 7-1-2121, adopt a policy for the sale of personal property valued at less than $2,500.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(part); amd. Sec. 5, Ch. 346, L. 1983; amd. Sec. 18, Ch. 354, L. 2001; amd. Sec. 6, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2218. Procedure if property not sold at public auction

7-8-2218. Procedure if property not sold at public auction.
After notice and appraisal are given as provided in 7-8-2212 and 7-8-2214, if no bid or offer is made for any property offered for sale at public auction, the board of county commissioners may, at any time after the auction, sell the property at private sale and may at the private sale accept as the purchase price an amount not less than 70% of the appraised value of the property.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(part); amd. Sec. 3, Ch. 547, L. 1983; amd. Sec. 6, Ch. 18, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2219. Repealed

7-8-2219. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(5); amd. Sec. 1, Ch. 170, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2220. Use of proceeds of property disposition

7-8-2220. Use of proceeds of property disposition.
The funds derived from property disposed of in accordance with 7-8-2211, in the discretion of the board of county commissioners, may be credited to any account that is in the best interest of the county.
History: En. Subd. 10, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.9, R.C.M. 1935; amd. Sec. 1, Ch. 30, L. 1953; amd. Sec. 1, Ch. 110, L. 1957; amd. Sec. 1, Ch. 120, L. 1967; amd. Sec. 1, Ch. 284, L. 1975; R.C.M. 1947, 16-1009(6); amd. Sec. 2, Ch. 547, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2231. Authorization to lease county property

7-8-2231. Authorization to lease county property.
(1) The board of county commissioners has jurisdiction and power, under limitations and restrictions that are prescribed by law, to lease and transfer county property, however acquired, that is not necessary to the conduct of the county's business or the preservation of county property and for which immediate sale cannot be had. The leases must be made in a manner and for purposes that, in the judgment of the board, are best suited to advance the public benefit and welfare.
(2) All property must be leased subject to sale by the board, and a lease may not be for a period to exceed 40 years.
History: En. Subd. 28, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.27, R.C.M. 1935; amd. Sec. 1, Ch. 152, L. 1937; amd. Sec. 1, Ch. 11, L. 1959; R.C.M. 1947, 16-1030(part); amd. Sec. 1, Ch. 21, L. 2007; amd. Sec. 7, Ch. 255, L. 2017; amd. Sec. 1, Ch. 91, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2232. Distribution of lease revenue

7-8-2232. Distribution of lease revenue.
(1) All revenue derived from leases authorized by 7-8-2231, except as otherwise provided, must be paid to the county treasurer and may be deposited in the county general fund.
(2) The revenue described in subsection (1) may be used for any county purpose, including maintaining or preserving leased property.
History: En. Subd. 28, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.27, R.C.M. 1935; amd. Sec. 1, Ch. 152, L. 1937; amd. Sec. 1, Ch. 11, L. 1959; R.C.M. 1947, 16-1030(part); amd. Sec. 1, Ch. 15, L. 1993; amd. Sec. 1, Ch. 78, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 22. Acquisition, Transfer, and Management of County Property › 7-8-2233. Repealed

7-8-2233. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. Subd. 28, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.27, R.C.M. 1935; amd. Sec. 1, Ch. 152, L. 1937; amd. Sec. 1, Ch. 11, L. 1959; R.C.M. 1947, 16-1030(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 23. Sale of Tax-Deed Land › 7-8-2302. Notice of disposal of tax-deed lands

7-8-2302. Notice of disposal of tax-deed lands.
(1) Notice of the sale, donation, or retention of tax-deed lands provided for in 7-8-2301 must be given by publication as provided in 7-1-2121.
(2) The notice must be signed by the county clerk and must include a list of all lands to be sold, donated, or retained, the fair market value of the lands as determined and fixed by the department of revenue, and the time and place of sale, donation, or retention. If the land is to be sold, the sales price as determined under 7-8-2301 must be stated in the published notice of sale.
History: En. Sec. 1, Ch. 171, L. 1941; amd. Sec. 1, Ch. 144, L. 1945; R.C.M. 1947, 84-4190(part); amd. Sec. 13, Ch. 349, L. 1985; amd. Sec. 2, Ch. 280, L. 1995; amd. Sec. 19, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 23. Sale of Tax-Deed Land › 7-8-2303. Repurchase rights of taxpayer or successors

7-8-2303. Repurchase rights of taxpayer or successors.
At any time up to 24 hours before the time fixed for the first offering of property for sale or the time fixed for the donation or retention of the property pursuant to 7-8-2301, the taxpayer or the taxpayer's successor in interest or legal representative may repurchase the property from the county. The property may be repurchased, subject to the reservations provided for in 7-8-2305, by payment to the county of the full amount of the taxes, assessments, penalties, and interest due on the land at the time of taking the tax deed plus interest on the full amount at the rate provided for in 15-16-102 from the date of the tax deed to the date of repurchase as well as the costs of the county in taking the tax deed and additional taxes or assessments due, if any, at the time of repurchase. The purchase and payment may be effected by an installment contract with annual payments as provided for in 7-8-2304.
History: En. Sec. 1, Ch. 171, L. 1941; amd. Sec. 1, Ch. 144, L. 1945; R.C.M. 1947, 84-4190(part); amd. Sec. 1, Ch. 97, L. 1993; amd. Sec. 3, Ch. 280, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 23. Sale of Tax-Deed Land › 7-8-2304. Terms for sale of tax-deed land

7-8-2304. Terms for sale of tax-deed land.
(1) A sale must be made for cash or, in the case of real property, on terms that the board of county commissioners approves.
(2) (a) If the sale is made on terms, at least 20% of the purchase price must be paid in cash at the date of sale and the remainder may be paid in installments extending over a period not to exceed 5 years. All deferred payments bear interest at a rate established by the board of county commissioners. The rate may not exceed more than 4 percentage points a year above the prime rate published by the federal reserve system in its statistical release H.15 Selected Interest Rates for bank prime loans dated within 7 days prior to the date of sale.
(b) If a sale is made on terms, the presiding officer of the board shall execute a contract containing the terms that are provided by a contract approved by the department of revenue.
History: En. Sec. 2, Ch. 171, L. 1941; amd. Sec. 1, Ch. 187, L. 1949; amd. Sec. 1, Ch. 163, L. 1969; R.C.M. 1947, 84-4191(part); amd. Sec. 7, Ch. 704, L. 1989; amd. Sec. 1, Ch. 674, L. 1991; amd. Sec. 516, Ch. 61, L. 2007; amd. Sec. 1, Ch. 108, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 23. Sale of Tax-Deed Land › 7-8-2305. Deed of conveyance -- reservation of mineral royalty

7-8-2305. Deed of conveyance -- reservation of mineral royalty.
(1) Subject to the provisions of subsection (2), upon payment of the purchase price in full, together with all interest that may become due on any installment or deferred payments, the presiding officer of the board of county commissioners shall execute a deed attested to by the county clerk to the purchaser or the purchaser's assigns or other instruments that are sufficient to convey all of the title of the county in and to the property sold.
(2) The county may in the discretion of the board reserve not to exceed 6 1/4% royalty interest in the oil, gas, other hydrocarbons, and minerals produced from the land.
History: En. Sec. 2, Ch. 171, L. 1941; amd. Sec. 1, Ch. 187, L. 1949; amd. Sec. 1, Ch. 163, L. 1969; R.C.M. 1947, 84-4191(part); amd. Sec. 517, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 23. Sale of Tax-Deed Land › 7-8-2306. Distribution of sale and lease proceeds

7-8-2306. Distribution of sale and lease proceeds.
The proceeds of each sale or lease under this part or part 25 must be paid over to the county treasurer, who shall apportion and distribute the proceeds in the following manner:
(1) (a) Upon a sale of the property, the proceeds of each sale must be credited to the county general fund for reimbursement of expenditures made from it in connection with the procurement of the tax deed and holding of the sale.
(b) Upon a sale of the property, if there is any money remaining after the payment of the amount specified in subsection (1)(a) and the remainder is:
(i) in excess of the aggregate amount of all taxes and assessments accrued against the property for all funds and purposes, without penalty and interest, then as much of the remaining proceeds must be credited to each fund or purpose as each fund or purpose would have received had the taxes been paid before becoming delinquent, and all excess must be credited to the general fund of the county; or
(ii) less in amount than the aggregate amount of all taxes and assessments accrued against the property for all funds and purposes, without penalty or interest, the proceeds must be prorated between the funds and purposes in the proportion that the amount of taxes and assessments accrued against the property for each fund or purpose bears to the aggregate amount of taxes and assessments accrued against the property for all funds and purposes.
(2) If tax-deed lands have been sold and the county has reserved a royalty interest, any sums of money received from the royalty interest must be credited to the general fund of the county, except that the board of county commissioners may allocate to the county road fund not more than 50% of the money received from reserved royalty interests.
(3) Upon a lease of the property, except as otherwise provided, the amount received as rent, royalty, or otherwise, including interest received on the payments under either a sale or lease, must be apportioned on the current year's levy and must be credited as earnings of tax-deed property and not considered as a credit to tax-deed accrued accounts as in the case of the principal received from sales of tax-deed lands.
History: En. Sec. 6, Ch. 171, L. 1941; amd. Sec. 1, Ch. 81, L. 1943; amd. Sec. 1, Ch. 144, L. 1955; R.C.M. 1947, 84-4195; amd. Sec. 2, Ch. 105, L. 1979; amd. Sec. 1, Ch. 675, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 23. Sale of Tax-Deed Land › 7-8-2307. Tax liability of purchased tax-deed lands

7-8-2307. Tax liability of purchased tax-deed lands.
(1) On January 1 following the execution of a contract or deed, the land is subject to taxation in the name of the purchaser or the purchaser's assignee.
(2) If the taxes are not paid and become delinquent, the contract is subject to cancellation and all payments made must be regarded as rent for the property.
History: En. Sec. 3, Ch. 171, L. 1941; amd. Sec. 14, Ch. 388, L. 1975; R.C.M. 1947, 84-4192; amd. Sec. 518, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 23. Sale of Tax-Deed Land › 7-8-2308. Repealed

7-8-2308. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. Sec. 8, Ch. 171, L. 1941; R.C.M. 1947, 84-4197; amd. Sec. 3, Ch. 170, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 24. Exchange of Tax-Deed Land With United States › 7-8-2401. Authorization to exchange tax-deed land with United States for certain purposes

7-8-2401. Authorization to exchange tax-deed land with United States for certain purposes.
(1) All real property acquired by any county under tax title which in the judgment of the board of county commissioners is suitable for the production of trees or as a watershed or for other national forest purposes may be conveyed by deed to the United States by the board in exchange for government land or timber, if in the discretion of the board it is to the advantage and best interests of the county to make such exchange.
(2) The board is hereby authorized to accept from the United States for and on behalf of the county, as full compensation for such county land so exchanged, title to land or timber of the United States equal in value to the appraised value of the county land so exchanged for the same.
(3) No public notice of the intention to convey title to the United States to any of the property subject to this part shall be necessary. The board shall have authority to defray all expenses necessarily incident to such exchange.
History: (1), (2)En. Sec. 1, Ch. 150, L. 1935; re-en. Sec. 4487.2, R.C.M. 1935; Sec. 16-1132, R.C.M. 1947; (3)En. Sec. 4, Ch. 150, L. 1935; re-en. Sec. 4487.5, R.C.M. 1935; Sec. 16-1135, R.C.M. 1947; R.C.M. 1947, 16-1132, 16-1135(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 24. Exchange of Tax-Deed Land With United States › 7-8-2402. Disposal of land and timber acquired by county pursuant to exchange agreement with United States

7-8-2402. Disposal of land and timber acquired by county pursuant to exchange agreement with United States.
(1) Any timber acquired from the United States in any exchange may be disposed of by the county commissioners by agreement with the United States department of agriculture that the timber must be cut and removed by any agency selected by the United States department of agriculture, with the understanding that the stumpage payments for timber cut will be paid over to the county in cash as full compensation for the county land exchanged to the United States. The amount of the stumpage payments must equal the appraised value of the county land exchanged for timber, and the cash payments must be deposited in the county treasury for the use of the county.
(2) All land and all timber not subject to the arrangement authorized in subsection (1) and acquired by the county under the provisions of this part may be:
(a) sold by the board of county commissioners in the manner provided by law for the sale of county property, and the proceeds of the sale must be deposited in the county treasury for the use of the county; or
(b) donated or sold at a reduced price to a corporation for the purpose of constructing:
(i) a multifamily housing development operated by the corporation for low-income housing;
(ii) single-family houses. Upon completion of a house, the corporation shall sell the property to a low-income person who meets the eligibility requirements of the corporation. Once the sale is completed, the property becomes subject to taxation.
(iii) improvements to real property or modifying, altering, or repairing improvements to real property that will enable the corporation, subject to the restrictions of Article X, section 6, of the Montana constitution, to pursue purposes specified in the articles of incorporation of the corporation, including the sale, lease, rental, or other use of the donated land and improvements.
(3) Land that is transferred pursuant to subsection (2)(b) must be used to permanently provide low-income housing. The transfer of the property may contain a reversionary clause to reflect this condition.
History: (1)En. Sec. 2, Ch. 150, L. 1935; re-en. Sec. 4487.3, R.C.M. 1935; Sec. 16-1133, R.C.M. 1947; (2)En. Sec. 3, Ch. 150, L. 1935; re-en. Sec. 4487.4, R.C.M. 1935; Sec. 16-1134, R.C.M. 1947; R.C.M. 1947, 16-1133, 16-1134; amd. Sec. 4, Ch. 170, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 24. Exchange of Tax-Deed Land With United States › 7-8-2403. Effect of conveyance of land to United States

7-8-2403. Effect of conveyance of land to United States.
The execution by the board of county commissioners of a deed of conveyance to the United States of any county land conveyed under this part shall operate to discharge and cancel all tax levies, tax liens, and special assessments of every sort and kind against such land and to convey all of the county's title to such lands at the time of the execution of said deed.
History: En. Sec. 4, Ch. 150, L. 1935; re-en. Sec. 4487.5, R.C.M. 1935; R.C.M. 1947, 16-1135(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2501. Purposes of part

7-8-2501. Purposes of part.
The purposes of this part are to authorize a board of county commissioners to acquire real property and to establish procedures for the disposal of real property so that the property is used or disposed of in the best interests of the county and for the public benefit and welfare.
History: En. 84-4190.1 by Sec. 1, Ch. 540, L. 1975; R.C.M. 1947, 84-4190.1; amd. Sec. 13, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2502. Repealed

7-8-2502. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: (1), (2)En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; Sec. 84-4192.1, R.C.M. 1947; (3)En. 84-4192.2 by Sec. 4, Ch. 540, L. 1975; Sec. 84-4192.2, R.C.M. 1947; R.C.M. 1947, 84-4192.1(part), 84-4192.2(part); amd. Sec. 4, Ch. 280, L. 1995; amd. Sec. 5, Ch. 170, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2503. Definitions

7-8-2503. Definitions.
As used in this part, the following definitions apply:
(1) "Board" means the board of county commissioners.
(2) "Multiple use" means:
(a) the management of the various surface and subsurface resources so that they are utilized in the combination that will best meet the present and future needs of the county;
(b) the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions;
(c) the use of some land for less than all of the resources;
(d) the harmonious and coordinated management of the various resources, each with the other, without impairment of the productivity of the land and with consideration being given to the relative values of the various resources and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output; and
(e) the use of said lands, where possible, to afford access in multiple-use areas to federal and state lands.
History: En. 84-4190.2 by Sec. 2, Ch. 540, L. 1975; R.C.M. 1947, 84-4190.2.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2504. Repealed

7-8-2504. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(1)(a), (b); amd. Sec. 6, Ch. 170, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2505. Repealed

7-8-2505. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(1)(i).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2506. Repealed

7-8-2506. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(7).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2507. Repealed

7-8-2507. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(part); amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 24, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2508. Repealed

7-8-2508. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2509. Repealed

7-8-2509. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(3), (4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2510. Special provisions relating to oil and gas development

7-8-2510. Special provisions relating to oil and gas development.
(1) Subject to the provisions of subsection (2), when considered in the best interests of the county, the board may:
(a) enter into agreements for the pooling of acreage with others for unit operations for the production of oil or gas or both and for the apportionment of oil or gas royalties or both on acreage or other equitable basis; and
(b) modify existing leases and leases hereafter entered into with respect to delay rentals, delay drilling penalties, and royalties in accordance with such pooling agreements and such unit plans of operation.
(2) Such agreements shall not change the percentages of royalties to be paid to the county from the percentages as fixed in its leases.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(8).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2511. Repealed

7-8-2511. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(5); amd. Sec. 14, Ch. 349, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2512. Repealed

7-8-2512. Repealed.
Sec. 17, Ch. 255, L. 2017.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(6).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2513. Appraisal of land required -- exception -- challenge -- restrictions

7-8-2513. Appraisal of land required -- exception -- challenge -- restrictions.
(1) The county commissioners shall, before they sell, exchange, or lease lands with an estimated value of more than $20,000 under the provisions of this part, have the lands appraised by a disinterested certified general real estate appraiser to determine the value of the lands for the purpose of the sale, exchange, or lease.
(2) For the purposes of this section, a renewal of the lease is considered an initial lease if the renewal is for a term exceeding 5 years.
(3) The board of county commissioners may lease mineral interests in land, whether the interests are severed or not, without an appraisal as required by subsection (1).
(4) A taxpayer who believes that the appraised value under this section is less than the actual value of the property may challenge the appraised value. The procedure provided in 7-8-2215 must be followed when a challenge of the appraised value of real property under this part is filed.
(5) Except as otherwise provided by law, the board of county commissioners may not under the provisions of this part sell, exchange, or lease lands appraised pursuant to subsection (1) for less than the appraised value.
(6) This section does not apply to land acquired by tax deed that failed to sell for appraised value as provided in 7-8-2301(5)(b).
History: En. 84-4192.2 by Sec. 4, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.2(part); amd. Sec. 1, Ch. 391, L. 1983; amd. Sec. 13, Ch. 27, Sp. L. November 1993; amd. Sec. 14, Ch. 255, L. 2017; amd. Sec. 2, Ch. 186, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2514. Reservations of interest by county

7-8-2514. Reservations of interest by county.
(1) When granting a lease for oil, gas, or other mineral exploration or development, the board may reserve to the county a royalty interest as fixed by agreement between the board and the lessee.
(2) In trading, exchanging, or selling such lands, the board may make such reservations in favor of the county as the board considers proper, including but not limited to reserving to the county of any or all oil, gas, or other mineral or royalty interests; sand, gravel, clay, or other material; rights-of-way or easements for roads, utility lines, and other purposes or uses.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2515. Apportionment and distribution of revenue from land

7-8-2515. Apportionment and distribution of revenue from land.
(1) Except as provided in subsection (2), all proceeds from use or disposition of lands pursuant to the terms of this part must be deposited in the county's general fund.
(2) Revenue realized by a county from the sale, exchange, or disposal of lands dedicated to public use for park or playground purposes must be paid into the park fund and used in the manner prescribed in 76-3-621 for cash received in lieu of dedication.
History: En. 84-4192.1 by Sec. 3, Ch. 540, L. 1975; R.C.M. 1947, 84-4192.1(part); amd. Sec. 15, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2519. Acquisition of real property

7-8-2519. Acquisition of real property.
The board may purchase, receive by donation, or retain as provided in this part any real property that the board determines to be necessary or useful for the operation and management of the county.
History: En. Sec. 9, Ch. 255, L. 2017.