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.
Structure Montana Code Annotated
Chapter 2. Transfers and Reservations of Property Interests
77-2-301. Sales of state land under board control
77-2-302. Disposition of former institutions and certain federal land grants
77-2-303. Restrictions on land available for sale
77-2-304. Mineral reservations in state land
77-2-305. Lands within federal irrigation projects
77-2-308. Approval or disapproval of sales
77-2-309. Discretion of board with respect to surveying and platting
77-2-310. Certain lands to be platted before sale
77-2-311. Survey and plat of shore lands
77-2-313. Land subject to taxation
77-2-314. Reversion of lands to state
77-2-315. Participation in irrigation districts -- lien status of land
77-2-317. Valuation of cabin or home site and improvements -- rulemaking
77-2-318. Sale of leased cabin or home sites
77-2-321. Sales to be at public auction
77-2-323. Sale procedure and limitation
77-2-324. Preference to lessee of land
77-2-325. Settlement for improvements
77-2-327. Certificate of purchase
77-2-328. Additional rules -- deposit of fees
77-2-330. Computation of interest and payment schedule
77-2-331. Manner of making payments
77-2-332. Procedure in case of default
77-2-333. Reinstatement of canceled certificates of purchase
77-2-334. Assignment of certificate
77-2-336. Lien on improvements and crops for amount due state
77-2-337. Disposition of sale proceeds
77-2-338. through 77-2-340 reserved
77-2-342. Execution of patents
77-2-344. Copy of deed or patent as evidence
77-2-345. Limitation for cancellation of patent
77-2-346. through 77-2-350 reserved
77-2-351. Sale to or exchange of property with public entity
77-2-352. through 77-2-360 reserved
77-2-362. State land bank fund -- statutory appropriation -- rules
77-2-363. Land banking land sales and limitations -- sale preparation costs
77-2-364. Land banking purchases