Montana Code Annotated
Part 3. Sales
77-2-323. Sale procedure and limitation

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

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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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