Mont. Admin. R. 36.25.809 - SETTLEMENT FOR AND REMOVAL OF IMPROVEMENTS

(1) If the parcel is under an agricultural or grazing lease or license with the state at the time of sale, settlement and removal of improvements are governed by the conditions of the lease or license or by ARM 36.25.125.

(2) If the parcel is under a residential lease at the time of sale, the conditions of settlement for and removal of improvements are governed by the lease or by ARM 36.25.131.

(3) If the parcel is under a commercial lease or license with the state at the time of sale, the conditions of settlement for and removal of improvements are governed by the lease or license.

(4) In all other situations, the purchaser of the state trust land shall reimburse the former lessee for the reasonable value of those improvements the purchaser has accepted.

(5) Where there is a dispute over the value of the improvements, arbitration, as detailed in 77-6-306, MCA, must be used to set the value of improvements.

Notes

Mont. Admin. R. 36.25.809

NEW, 2004 MAR p. 2399, Eff. 10/8/04; AMD, 2011 MAR p. 2414, Eff. 11/11/11.

77-1-204, 77-2-308, 77-6-302, 77-6-303, 77-6-306, MCA; IMP, 77-2-328, MCA;