77-2-323. Sale procedure and limitation. (1) At the time fixed for the sale, state land must be offered for sale at auction in the order that the land appears in the notice of sale. Under the direction of the department, the state land must be sold to the highest qualified bidder. State land may not be sold for less than the value determined by the board after appraisal by a qualified land appraiser.
(2) The state land must be sold as nearly as practicable according to the subdivisions in which it is advertised, and care must be taken not to subdivide any tract in such a way as to separate remaining portions from a water supply or from section lines or public highways.
(3) The sale may be adjourned from day to day until all the state land advertised has been offered for sale.
History: En. Sec. 75, Ch. 60, L. 1927; amd. Sec. 1, Ch. 177, L. 1933; re-en. Sec. 1805.75, R.C.M. 1935; amd. Sec. 5, Ch. 184, L. 1961; amd. Sec. 58, Ch. 428, L. 1973; R.C.M. 1947, 81-912(part); amd. Sec. 4, Ch. 136, L. 1983; amd. Sec. 58, Ch. 422, L. 1997; amd. Sec. 8, 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