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.
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