77-2-310. Certain lands to be platted before sale. (1) Any part of state lands that in the opinion of the board may be sold for residential or commercial purposes must before sale, at such time as the board may consider to be in the best interests of the state, be surveyed in conformity with the laws of the state for the survey and platting of townsites and additions. Except to the extent that the following provisions violate Article X, section 4 or 11, of the Montana constitution, the board and the department shall consider the ordinances of the appropriate city or town or the resolutions of the appropriate county regarding:
(a) a growth policy or a neighborhood plan adopted pursuant to Title 76, chapter 1;
(b) zoning regulations;
(c) subdivision review as provided in Title 76, chapter 3;
(d) annexation;
(e) plans for the extension of services; and
(f) other actions related to local planning.
(2) The board shall cause correct maps and plats of the lands to be made and recorded after being surveyed. A fee may not be charged by the county recorder or by any city officer for filing or recording the maps or plats when recorded on behalf of the state.
(3) Before the lands are offered for sale the lands must be appraised, with a separate appraisal to be placed on each lot. The surveyed and platted land may then be sold in the same manner and upon the same terms and conditions as other state lands are sold.
History: En. Sec. 67, Ch. 60, L. 1927; re-en. Sec. 1805.67, R.C.M. 1935; R.C.M. 1947, 81-904; amd. Sec. 3, Ch. 335, L. 2005.
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