70-30-322. Option of original owner or successor in interest to purchase at sale price. (1) Except as provided in subsection (3), the owner from whom the real property interest was originally acquired by eminent domain or otherwise or the owner's successor in interest, if there is a successor in interest, must be notified by the seller by certified mail and has a 30-day option from the date of a sale provided for in 70-30-321 to purchase the interest by offering an amount of money equal to the highest bid received for the interest at the sale.
(2) If bids are not received by the seller and the optionholder indicates in writing to the seller that the optionholder wishes to exercise the option, the seller must have the real property interest appraised and shall sell the interest at that price to the optionholder.
(3) When an interest, other than a fee simple interest, in property that has been acquired for a public purpose by right of eminent domain, or otherwise, is abandoned or when the purpose for which it was acquired is terminated, the property reverts to the original owner or the original owner's successor in interest.
History: En. Sec. 2, Ch. 440, L. 1981; amd. Sec. 2, Ch. 689, L. 1983; amd. Sec. 4, Ch. 666, L. 1985; amd. Sec. 81, Ch. 125, L. 2001; amd. Sec. 4, Ch. 512, L. 2007.
Structure Montana Code Annotated
Part 3. Hearing, Judgment, and Subsequent Proceedings
70-30-301. Hearing -- judge to preside -- determinations by condemnation commissioners
70-30-302. Assessing compensation -- date and measure -- interest
70-30-303. Final report and award of condemnation commissioners -- procedure on failure to agree
70-30-304. Appeal to district court from assessment of condemnation commissioners
70-30-305. Condemnor to make offer upon appeal -- award of expenses of litigation
70-30-306. Necessary expenses of litigation defined
70-30-307. When payment of compensation to be made -- deposit of bond
70-30-308. How payment made -- execution or annulment for nonpayment
70-30-309. Final order of condemnation -- contents -- vesting upon filing
70-30-310. New proceedings to cure defective title
70-30-311. Putting condemnor in possession
70-30-312. Appeal to supreme court
70-30-313. Current fair market value
70-30-314. Weed control responsibility
70-30-316. through 70-30-320 reserved
70-30-321. Sale of property acquired for public use when use abandoned -- procedure
70-30-322. Option of original owner or successor in interest to purchase at sale price
70-30-323. Liability limitation -- several liability -- defense costs