Montana Code Annotated
Part 3. Sales
77-2-306. Who may purchase

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

Montana Code Annotated

Title 77. State Lands

Chapter 2. Transfers and Reservations of Property Interests

Part 3. Sales

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

77-2-306. Who may purchase

77-2-307. Repealed

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

77-2-312. Repealed

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

77-2-316. Repealed

77-2-317. Valuation of cabin or home site and improvements -- rulemaking

77-2-318. Sale of leased cabin or home sites

77-2-319. Repealed

77-2-320. Repealed

77-2-321. Sales to be at public auction

77-2-322. Notice of sale

77-2-323. Sale procedure and limitation

77-2-324. Preference to lessee of land

77-2-325. Settlement for improvements

77-2-326. Time of possession

77-2-327. Certificate of purchase

77-2-328. Additional rules -- deposit of fees

77-2-329. Terms of payment

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

77-2-335. Lost 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

77-2-341. Patents

77-2-342. Execution of patents

77-2-343. Patent provisions

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

77-2-361. Definitions

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

77-2-365. Right of access not created

77-2-366. Land banking and state land cabin and home sites -- reports to environmental quality council

77-2-367. Road easements on state lands